In nearly all cases of foreclosure, when the bank files its initial lawsuit, the homeowners have a chance to respond to the complaint and file their own answer. The problem is that, while mortgage companies hire local lawyers, the owners of the house may have little idea of how to go about filing an answer. While this is an extremely variable topic, with local, county, and state rules all coming into play, a small introduction may help homeowners find the confidence to take on the bank in court.

First of all, though, any specific contents that can be put into the answer should probably be discussed with an attorney to make sure the language is accurate and all court rules are followed, or homeowners can research these issues on their own. Every foreclosure case is a little different and individual circumstances can be addressed specifically in the homeowners' answer.

In terms of just filing the answer in the correct manner, homeowners should take a look at how the original foreclosure complaint is structured. The bank must send them a copy of the complaint (usually served by the county sheriff or sent Certified Mail). The case number and caption (Bank vs. You), and all of the "}" marks should be included in the foreclosure victims' answer to make sure they are using the proper form. Judges will throw out their answer if it is not formatted correctly and does not include all of the proper information.

Procedure and silly rules come before justice and the right to a fair and meaningful hearing, so homeowners need to read up a little on their local rules of procedure, as well as the state rules of procedure. They can usually just do an online search and find the rules; e.g., Michigan rules of court procedure, Cook County rules of court procedure. Those should inform the defendants of any other silly rules they will need to be aware of, such as if the defendant's answer has to be printed on blue paper or other such nonsense designed to make nonlawyers lose their cases on technical matters.

Once they have the answer formatted correctly and the content is to their liking, the next step for the homeowners is to file the paperwork with the county clerk of courts. There are two ways to do this: by mail or in person. In most counties, they can simply mail in the answer to the county courthouse and the clerk's office will file it with the appropriate court case. Otherwise, homeowners can go to the courthouse and ask for the clerk's office. Then they will need to ask to file their answer with the clerk. Also, most government employees have absolutely no familiarity with private individuals doing anything on their own, so homeowners may have to deal with mass confusion and incompetence at the courthouse before their paperwork is filed correctly.

It is also important that homeowners bring at least one extra copy of their answer with them, so they can have it stamped in the clerk's office and then sent to the mortgage company and their local attorneys. These parties need to be served with any documents the homeowners file, so they should be sent a copy Certified Mail with a return receipt. This way, the judge can not throw out the answer just because it was never seen by the lender or its attorneys. If they never saw it, let it be the bank's fault -- not the homeowners.

What I would do for the contents of my answer is simply file a Motion to Dismiss before anything else. That would be based on a lack of standing by the bank to sue for foreclosure and no jurisdiction of the courts over the matter. If I am presumed innocent of the foreclosure lawsuit, then the judge has to presume me innocent also of jurisdiction, which is an element of any justiciable controversy. Lenders (and everyone else) never prove with facts jurisdiction or standing to complain -- they just assume they have it based on their own legal opinions, which are backed by nothing. Far too often, people let the bank off on this point.

Let the banks prove what they want to prove; the burden of proof is entirely on the mortgage company and they can not prove anything with facts, which is why they hide behind complicated-sounding legal opinions. In the meantime, I would question and contest every single nonsensical legal opinion (and they are all nonsensical), and ask for the facts backing up their case. I do not want more legal opinions, since we all have those and I can not question an opinion like I can a fact. And if the opinion is not backed up by a fact that I can contest, then it is just as worthless as any other opinion, legal or otherwise.

Answering a complaint in any manner does not guarantee that the homeowners will get out of their foreclosure with their ownership interest in the house intact. In fact, they may do nothing more than enrage the judge and expose the scams inherent in the judicial system. This may set up the case for a longer process through the courts and then through an appeals process, depending on how many rules of procedure the judge allows the bank to violate. But when homeowners are trying to stop foreclosure or delay the process for as long as possible, using the courts they fund through their taxes should be one line of self-defense against fraudulent lenders.

More info on your stop foreclosure information search:

Get Free Foreclosure Advice and Free Refinance Quotes
Get your free on-line foreclosure refinance quote and free advice from foreclosure mitigation specialist in minutes. Compare real offers from top national subprime and hard money lenders... more...

What Foreclosure Procedure Is Used To Stop Repossession Of Your Home
When you receive a foreclosure notice in the mail it is best to know what their procedure will be. If you know this then you will be able to tell how much time you have, to see if you can prevent repossession. It is good to be able to explore your options rather than just sitting back and letting ... more...

When The Foreclosure Lawsuit Comes, How Do You File An Answer To The Bank's Complaint?
In nearly all cases of foreclosure, when the bank files its initial lawsuit, the homeowners have a chance to respond to the complaint and file their own answer. The problem is that, while mortgage companies hire local lawyers, the owners of the house may have little idea of how to go about filing ... more...

What Is A Foreclosure?
The American dream is something that everyone wants. Unfortunately, sometimes against our wishes, foreclosures occur. But what exactly is a foreclosure? It is a long process of legal and formal action taken against a property owner for failure to pay. This process is involved and can be a nightmare ... more...

Defending Against Foreclosure Even if You Can Not Hire an Attorney
One of the many problems with the legal process known as foreclosure is the fact that the plaintiff in any case is typically an institutional lender with tens of millions, if not hundreds of millions or billions, of dollars in a bank account. Combined with a large mortgage portfolio, these banks ... more...