You've been served with a foreclosure summons. You have a short deadline — sometimes as little as 15 days — to file a written Answer. If you do nothing, the lender wins automatically. This guide shows you exactly how to file an Answer, what affirmative defenses to raise, and how to avoid the most common mistakes that lead to default judgment.
An Answer is your formal written response to the lender's foreclosure complaint. You admit or deny each allegation, raise affirmative defenses (legal reasons why the lender shouldn't win), and can assert counterclaims against the lender for violations like TILA, RESPA, or wrongful foreclosure.
The lender wins automatically. The court enters a default judgment of foreclosure. Your home will be sold at auction — and you lose the right to raise ANY defenses. This is irreversible in most cases. Filing an Answer is the single most important step you can take.
Every judicial foreclosure state has a strict deadline. Here are the deadlines for the biggest judicial foreclosure states:
Florida:
20 calendar days
New York:
20-30 days (depending on service method)
New Jersey:
35 days
Illinois:
30 days
California (judicial):
30 days
Ohio:
28 days
Pennsylvania:
20 days
Massachusetts:
20 days
Connecticut:
2 days (return date — act immediately)
Maryland:
15 days
Louisiana:
15 days (executory process)
Indiana:
20 days
Kentucky:
20 days
South Carolina:
30 days
Maine:
20 days
Vermont:
20 days
Delaware:
20 days
North Dakota:
21 days
Weekends and holidays typically count. Deadlines are calculated from the date you were served. Florida counts calendar days — if served on a Friday, day 20 includes weekends.
Admit or Deny Each Allegation
Go through the complaint paragraph by paragraph. Admit what's true (your name, the property address), deny what you dispute. If you lack information, state that. Never leave a paragraph unanswered.
Raise Affirmative Defenses
These are legal reasons the lender should lose even if the factual allegations are true. Key defenses: Statute of Limitations expired, lack of standing, failure to comply with condition precedent, TILA/RESPA violations, dual tracking, wrongful foreclosure, unclean hands.
Assert Counterclaims (Optional but Powerful)
Counterclaims turn you from defendant to plaintiff. You sue the lender for violations committed against you — TILA damages, RESPA statutory penalties, wrongful foreclosure, FDCPA violations. This creates leverage for settlement.
Prayer for Relief
State what you want the court to do: dismiss the complaint, cancel the foreclosure sale, award damages on your counterclaims, attorney's fees, and any other relief the court deems proper.
We prepare court-ready Answers with affirmative defenses and counterclaims for all judicial foreclosure states.
Get Answer PreparedYour Answer is your opportunity to assert every legal defense available. The more defenses you raise, the harder it is for the lender to win summary judgment.
The lender waited too long to file. SOL has run. This is an absolute bar to foreclosure.
Plaintiff cannot prove it owns/holds the promissory note at the time the complaint was filed.
Lender didn't send required default notice, 90-day pre-foreclosure notice (NY), or meet statutory prerequisites.
Inaccurate APR/finance charges, failure to provide Notice of Right to Cancel — 3-year rescission right. Counterclaim for damages.
QWR not acknowledged/answered, misapplied payments, improper escrow, dual tracking. Counterclaim for damages up to $2,000.
Lender foreclosed while loan modification was under review — violation of 12 CFR § 1024.41. Powerful defense.
Loan exceeded HOEPA triggers without required disclosures. Enhanced remedies available.
Broken chain of assignments. MERS lacked authority to assign. Securitization defects.
You weren't properly served. Summons and complaint not delivered per state rules.
Debt collector/law firm violated Fair Debt Collection Practices Act. Counterclaim for statutory damages + attorney's fees.
Lender engaged in deceptive, fraudulent, or bad faith conduct — equitably barred from foreclosing.
Defective notice, improper sale procedures, foreclosure in violation of state or federal law.
You made payments that weren't credited, or you offered full payment that lender refused.
Servicemembers Civil Relief Act — active military homeowners have foreclosure protections and rate caps.
Not sure which defenses apply to your case?
Get Case Analysis — FreeWe prepare court-ready Answers with affirmative defenses and counterclaims for all judicial foreclosure states. From Florida's 20-day deadline to New York's mandatory settlement conferences — we know the rules, procedures, and defenses that work.