The process of preparing a reply in a foreclosure suit
When you receive a court summon indicating that your mortgage company intends to apply a foreclosure on your mortgaged property, you have to file an appearance within the scheduled time limit prescribed in the summons. After that you will have 15 days to file a reply to the complainant in normal cases. This period will be 25 days if you are unemployed or underemployed.
Procedures laid by laws are complex and needs careful attention. Therefore, before you furnish your reply to the complainant please go through each and every paragraph of the complaint. You have to reply each and every point raise in every paragraph precisely to specify whether whatever is written there is true or not. For each of the paragraphs again you have to clearly spell out whether you agree to the contentions, disagree or have no comments to make since either it does not require any compliance or you do not know the answer. You may also indicate whether you want to execute a Deed-in-lieu of Foreclosure.
You must be careful not to agree with any contention that you do not understand or about which you have no idea. For example, the complainant may claim that you have not paid the monthly installments as per the repayment plan for the last nine months whereas you might have defaulted only for four months. In your reply you have to clearly spell out this discrepancy with supporting documents like receipts for payments. You also have to detail the list of any defenses, either documentary or oral in your reply. And never forget to sign your answer.