What is the procedure for responding to a summons of a foreclosure filing

You usually have to file an answer or you will be in default, meaning that they win automatically. You really need to consider hiring a foreclosure defense attorney to assist you with this. You may have been trying to work out a deed in lieu, but they have obviously escalated it to a full blown foreclosure. Hire a lawyer!

In many of these cases it seems the department that handles short sales and deed-in-lieu (DIL)have no clue what is going on with the foreclosure department. You need a foreclosure defense attorney to help you with the foreclosure process. I have had clients say that the DIL department tell them they should ignore the foreclosure process because the DIL will be done before the foreclosure process is over. That is not always true. Sometimes the DIL is not approved and if you have done nothing they may obtain Judgment of Foreclosure against you.

Please be VERY CAREFUL. They often do not wait to start foreclosure, even if there are discussions going on,, which creates a very dangerous situation for you as the borrower. You only have 20 calendar days to respond from the date you are served with the papers, after that, the lender can obtain default, which will bar you from raising any defenses to the foreclosure.

Responding properly to a foreclosure summons and complaint is very tricky. There are not many people who know how to do this. If you do it incorrectly, it can make matters worse instead of better.

Many foreclosure complaints claim that the note is lost. That is often not really the case - they say that to get the action started before they find the note, and then remove that claim later, after they find it. Not honest, but that is what is often done.

If you want me to review your summons and complaint and to discuss it with you, I will be happy to do that at no charge. This first twenty days is your only real opportunity to decide what your strategy is from here forward, and so it is critical that you make the right decisions.

If you want me to look at what you have, please call me at my office, 954-943-8444.

Margery Golant
Golant & Golant, P.A.

I have written a detailed Avvo guide on the foreclosure procedure, which talks about how to answer a summons: