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If youve already been served a foreclosure complaint, you must file an answer very quickly and accurately. You might also have to file motions and make court appearances. If youre facing a nonjudicial foreclosure, youll need to file a lawsuit to stop the process.
Can you dispute a foreclosure?
Defenses can be very technical and fact-specific, but generally a homeowner may want to challenge a foreclosure if the lender failed to follow the mortgage terms or the law in their state. You would need to show that this failure infringed on your rights.
How to dispute a foreclosure?
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). Youll need to present your defenses and explain the reasons why the lender shouldnt be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
What is the answer to a foreclosure complaint?
An Answer is your written response to the claims made against you by the bank or mortgage company in the Complaint. It is also your chance to explain why the lender should not be entitled to force the sale of your home.
Do banks usually negotiate on foreclosures?
One way to attack a foreclosure is to argue that the foreclosing party does not have standing to foreclose. If the foreclosing party cannot produce the promissory note on which the loan is based, the court likely will dismiss the case.
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Many possible affirmative defenses or counterclaims to a foreclosure action exist, including Truth in Lending Act violations, Fair Debt Collections Practices Act violations, predatory lending, standing, and failure to adhere to foreclosure procedural requirements.
sample answer to a complaint
RESPONDING TO A FORECLOSURE LAWSUIT IN DANE
If you wish to dispute the foreclosure, you must file a document with the court called an Answer (see enclosed form). You have only 20 days from the date you
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