Contact your lender as soon as you realize that you have a problem. Lenders do not want your house. They have options to help borrowers through difficult financial times.
A Notice of Intention to Foreclose is your lender telling you that they are planning to foreclose on your property because you are behind on your mortgage payments.
The Stages of Foreclosure Stage 1: Default of Payment. Stage 2: Notice of Default. Stage 3: Notice of Sale. Stage 4: Foreclosure Sale. Stage 5: Eviction.
A Notice of Intention to Foreclose is your lender telling you that they are planning to foreclose on your property because you are behind on your mortgage payments.
In fact most Responses to complaints are formal pleadings. You can go to the clerk of the court and examine files that have answers in them if you wish to see the format. If you send a letter, simply explain to the court what you are requesting from the bank in order to try to keep your home.
Filing an Answer to the Lawsuit If you decide to respond to the suit, you can tell a judge why you think the foreclosure isn't warranted. You must present your objections to the foreclosure by filing an "answer" with the court by a specific deadline.
The answer should include responses to each of the lender's claims. Include a numbered paragraph response for each of the numbered paragraphs of the complaint. You must admit, deny, or state that you don't have sufficient knowledge to admit or deny the allegations for the corresponding paragraph in the complaint.
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.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
Many courts will accept an answer in general letter form of a reply to the foreclosure complaint. Although there are formalities in answering which lawyers know, most courts will accept an answer in letter form. It should simply admit or deny the allegations of each paragraph of the complaint.