How to answer a forclosure summons

Full question:

I received a foreclosure summons and have to file an answer. How do I do that? I just want to give the building back.

Category: Real Property
Subcategory: Foreclosure
Date: 04/07/2025
State: Illinois

Answer:

I am prohibited from giving legal advice, such as how to write an answer. Generally, when you are served with a foreclosure summons, you must file an appearance and answer within 30 days of receiving the summons or the judge will order foreclosure against you. It is possible
that the mortgage company can obtain a deficiency judgment against you as well, for the balance remaining on the loan.

An appearance lets the court know you are aware of the lawsuit and by filing the appearance, the court will notify you of future court dates. The answer addresses the allegations made in the complaint for foreclosure. You need to respond to each paragraph of the complaint. If you don't respond to the allegations in the paragraph, the court will
assume you agree with it.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the exceptions to the 120 day foreclosure rule?

The 120-day rule typically allows borrowers to cure their default before foreclosure proceedings begin. Exceptions may include cases of abandonment, where the property is vacant, or if the borrower has filed for bankruptcy. Additionally, if the lender has a valid reason to proceed with foreclosure immediately, such as fraud or misrepresentation, they may bypass this rule. Always check your state's specific laws for detailed information on exceptions.

What is the best way to stop foreclosure proceedings?

The best way to stop foreclosure proceedings is to communicate with your lender as soon as possible. You may negotiate a loan modification, repayment plan, or forbearance. Additionally, filing for bankruptcy can temporarily halt foreclosure actions. Seeking assistance from a housing counselor or attorney can also provide you with options tailored to your situation. Always act quickly to explore these alternatives.

What is the 120 day rule for foreclosure?

The 120-day rule for foreclosure requires lenders to wait at least 120 days after a borrower defaults on their mortgage before initiating foreclosure proceedings. This period allows borrowers time to catch up on missed payments or explore alternatives like loan modifications. However, this rule may vary by state, so it's important to consult local laws for specific requirements.

How do foreclosures work in MA?

In Massachusetts, foreclosures can occur through either judicial or non-judicial processes. The lender must send a notice of default and wait 90 days before starting foreclosure. If the borrower does not resolve the default, the lender can proceed to auction the property. Borrowers have the right to redeem the property up until the auction. It's crucial to understand your rights and options during this process.

How do you respond to a foreclosure summons?

To respond to a foreclosure summons, you must file an appearance and an answer within the specified time, usually 30 days. Your answer should address each allegation made in the complaint. If you do not respond, the court may assume you agree with the claims, which could lead to a default judgment against you. Make sure to follow your state's specific procedures for filing.

How to overturn a foreclosure?

To overturn a foreclosure, you can file a motion with the court to contest the foreclosure. Common grounds include improper notice, lack of standing by the lender, or evidence of predatory lending practices. It's essential to gather supporting documents and possibly seek legal assistance to strengthen your case. Timeliness is critical, so act promptly to protect your rights.