Answer.html

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			<div class="small-12  columns  "><h1 class="main-header-stages">Instructions On How To Submit An Answer "Pro Se" (Without An Attorney)</h1></div>
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			<div class="small-12  columns  "><h2 class="main-header-stages"> </h2></div>
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			<a href="#panel1"><h2>What is An Answer?</h2></a>
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						<p>An Answer is a written response to the 

						Complaint, where you list any and all of 

						your defenses to the foreclosure, as well as 

						any counterclaims you may have against 

						the Bank. This section of the guidebook will 

						explain step-by-step how to write and file an 

						Answer if you can’t find an attorney to help 

						you </p>
						
						
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				<a href="#panel2"><h2>Should I file an Answer?</h2></a>
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					 <p>If you have received a Summons and 

Complaint, you have the right to serve and 

file an Answer to the Complaint. This will help 

you preserve your legal rights and guarantee 

that you receive notice of all future actions 

in the court case, including the sale of your 

home. If you don’t file an Answer, the judge 

may enter a “default” judgment against you 

(which means you did not submit an Answer 

and therefore are not contesting the Bank’s 

legal right to foreclosure). In addition, if 

you don’t fi le an Answer you will probably 

lose your right to raise any defenses to the 

foreclosure down the road.</p>

        <p>Sometimes, however, it is not helpful to file an Answer. If you are unable to find an attorney 

to help, you will have to make that choice. 

There are two possible reasons why you may 

NOT want to file an Answer.</p>
        <ul>
            <li>You may not have any legal defenses or claims to the foreclosure</li>
            <li>If you file an Answer and are unsuccessful in convincing the judge that you are correct in your claims, you will be responsible for the leaga fees that the Bank must pay to successfully pursue the foreclosure. This willl increase the amount of money you owe the Bank. This increase could ultimately make it harder for you to obtain a loan modifi cation or some other type of workout.</li>
        </ul>
        <p>of money you owe the Bank. This increase 

could ultimately make it harder for you to 

obtain a loan modifi cation or some other 

type of workout.</p>
        <div class="stages-emphasis-warning-assurance"><p>We Highly recommend that you file either an Answer or a Notice of Appearance early in the foreclosure proceeding.</p></div>

        <div class="stages-emphasis-warning-assurance"><p>This is a general guide through 
the foreclosure process. Each person’s situation is unique, and therefore consultation with an attorney is recommended,if possible.</p></div>
			
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					<a href="#panel3"><h2>When should you file an Answer?</h2></a>
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					<li>If you were served personally (the court 

papers were handed to you in person), 

you have 20 days from the date of service 

(the date you were handed the papers) to 

file your Answer.</li>
        <li>• If you were served by mail (you didn’t 

receive a copy personally but instead 

received the foreclosure summons only 

by mail), you have 30 days to file your 

Answer.</li>
        <p>If it has been more than 30 days since you 

were served, you may still be able to file an 

Answer but you will need to ask permission 

from the Court. One way to approach this 

situation is to draft the Answer, try to fi le 

it with the Court and serve it on the Bank’s 

attorney. The Bank’s attorney may try to claim 

that your Answer is too late to accept, but 

the Court also may decide to allow you to fi le 

your Answer, so it is worth trying.</p>




					
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					<a href="#panel4"><h2>Where can you find the information you need to respond?</h2></a>
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					<p>The information you need to fill in your 

Answer, comes from the Summons and 

Complaint you received, your mortgage 

papers, and your personal experience.
						</p>
						<div class="stages-emphasis-warning-assurance"><p>Do not wait until the last day to file an Answer- writing and filing an Answer takes time!</p>
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						<a href="#" data-reveal-id="fourthModal" class="button tiny">Sample Summons</a>
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			<dd class="accordian-stages">
			<a href="#panel5"> <h2>FILLING OUT THE ANSWER</h2> </a>

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					<p><em>STEP 1: FILL OUT THE "CAPTION" OF THE ANSWER</em>-As shown in the sample Answer below, fill in the top part of the Notice of Apperance form(known as the "Caption") by copying the necessary information from the Summons or Complaint. 
					</p><p>STEP 2: CHECK "General DENIAL" Box.</p>
					<p><em>STEP 3: CHECK OFF AND EXPLAIN YOUR DEFENSES</em>-Think carefully about whether any 

of the following legal defenses may apply to 

your situation. If you fail to include some legal 

defenses in your Answer, you may lose the right to 

raise them later. However, you should not check

off a defense unless you truly believe it applies to 

your situation. If you check off defenses that do 

not apply to you, you will likely increase the Bank’s 

legal fees, which may prohibit you from ultimately

resolving your delinquency with the Bank.</p>

<a href="#" data-reveal-id="fifthModal" class="button tiny">Filling out answer</a>
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<li><strong> Lack of Standing to Sue:</strong> </li>
        <p>A Foreclosure Plaintiff (the Bank) must prove 

that it has the right to foreclose, known as 

“standing”, by showing that it is the owner 

of the Note and Mortgage when it starts the 

lawsuit. You should check this box if you check 

off EITHER of the two boxes below related to 

standing. If you don’t include this claim, you 

may not be able to raise it later. So, if you believe 

that the Plaintiff may not own your Note and 

Mortgage, raise this defense to be safe.</p>
         <li><strong>Plaintiff does not have standing 

 to sue because it was not the legal

 owner of the Note and/or Mortgage

 at the time it commenced this 

 foreclosure lawsuit.</strong> </li>
    <p>Check this first box if you have checked at 

your county clerk’s office and discovered that 

the Plaintiff listed on your Summons and 

Complaint do not match the party that is 

supposed to have ownership rights according 

to the publicly filed documents in the Clerk’s 

office. (Some counties are available online, 

while some you must visit in person.)</p>
        <li><strong>I have no knowledge that the

 plaintiff was assigned my debt or 

 there was no Affirmative Allegation

 of Standing (NY Real Property

 Actions and Proceedings Law §

 1302, high-cost and subprime home

 loans): Plaintiff failed to allege in

 the Foreclosure Complaint that it is

 the legal owner and holder of the

 Note and/or Mortgage or has the

 authority to foreclose.</strong></li>
        <p>Check this second box if you believe that the 

Bank does not have standing because the 

Bank did not state they had standing in their 

Complaint.</p>
		<p><strong>Under a 2008 New York State Law, 

foreclosure Plaintiffs are required to follow additional rules for certain types of 

mortgages called “high-cost,” “subprime,” 

and “non-traditional” mortgages. The 

simplest way to know whether you have 

a high-cost, subprime, or non-traditional 

mortgage is that you should have received 

written notice during the loan closing or foreclosure</strong></p>

<li><strong>Improper Service of the Summons and

Complaint</strong> (NY Civil Practice Law and Rules 

Section 308) because I was not served in 

any of the following three methods.</li><ol>
    <li>Handed to me in person; OR</li>
    <li>Left at my home or business with 

a “person of suitable age and 

discretion” with another copy 

mailed within 20 days to</li>
    <li>Attached to my home or business 

door, with another copy mailed 

within 20 days to my home or 

business.</strong></li>
</ol>

	 <p>If you were not served with a copy of the 

Foreclosure Summons and Complaint in any of 

the three described ways, check off this box.</p>

<li><strong>I did not receive the notice of default 

required by my mortgage agreement, and 

the mailing of this notice is a condition 

precedent to the foreclosure.</strong></li>

<p>For most foreclosures the Bank is required to send 

an Acceleration Letter (also known as a Demand 

Letter), which is to be sent after you have stopped 

paying and states that the whole amount of your 

mortgage is due immediately.
</p>

<p>You should use this defense if you never received 

an Acceleration Letter from your Bank.</p>

		<a href="#" data-reveal-id="fifthModal" class="button tiny">Filling out an Answer part 2</a>
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	<dd class="accordian-stages">
			<a href="#panel6"> <h2>90-Day Pre-Foreclosure Notices</h2> </a>

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				<ul><ul><li><strong>90-Day Pre-Foreclosure Notices (NY

Real Property Actions and Proceedings 

Law § 1304) were inadequate because 

(check one or both if applicable):<li><ul>
    
<li>Two coppies not delivered; Or</li>
<li>Foreclosure lawsuit filled within 90 days of Pre-Foreclosure Notices</strong></li>

</ul>
				<p>For foreclosure lawsuits filed in New York State 

after September 1, 2008 on one-to-four-family 

owner-occupied homes, the Bank is required 

to send you a Pre-Foreclosure Notice by first-
class mail and by registered or certified mail 

that states: “YOU COULD LOSE YOUR HOME” 

and list the number of days the mortgage 

payments are late and the amount of money 

required to catch up. These Pre-Foreclosure 

Notices must be given at least 90 days before 

the foreclosure Complaint is filed. </p>

<p>You should raise this defense if you did not 

receive both copies of this Pre-Foreclosure 

Notice, or if the foreclosure lawsuit was filed 

before the end of 90 days after you received 

the Pre-Foreclosure Notices. Check off the box 

that applies to your situation. 
</p>

<p>A sample 90-Day Pre-Foreclosure Notice can 

be found on page 8 of this guidebook.
   </p> 
  <strong> <li><p> I did not receive the notice titled “Help

for Homeowners in Foreclosure” that 

was supposed to be served with the 

Foreclosure Summons and Complaint 

on a colored sheet of paper (NY Real 

Property Actions and Proceedings Law 

Section 1303) (amended 2008).</p></li></strong>

 <p>For foreclosure lawsuits filed after September 

1, 2008 on one-to-four family owner-
occupied homes, the Bank is required to 

include a Notice of “Help for Homeowners in 

Foreclosure” with the Foreclosure Summons 

and Complaint. This notice must be printed in 

bold, large type and on colored paper.</p>



   



<a href="#" data-reveal-id="sixthModal" class="button tiny"> 90-Day Pre-Foreclosure Notices part 1</a>
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								  <img src="img/Sample_90-Day_Pre_Foreclosure_Notice(1).png" alt="Sample 90 day Notice part 1">
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			<strong><li><p>An active service member is an owner

of the property and is on the mortgage 

and qualifies for Active Military Service 

protections under state or local law 

(Federal Service Members Civil Relief Act, 

50 App. U.S.C. 501 et seq.; and New York 

State Soldiers’ and Sailors’ Civil Relief Act, 

NY Military Law Section 300 et seq.)</p></li></strong>

			<p>Active-duty members of the armed forces, 

National Guard and reservists, and their 

dependents and co-debtors have special rights 

under federal and New York State laws to interest 

rate reductions on mortgages and other debts, 

to request a stay of foreclosure, and to avoid a tax 

foreclosure sale. </p>

 <p>Homeowners who are serving active military 

duty and are facing foreclosure should advise 

their mortgage lender, servicer, and the court in 

writing, and immediately seek assistance from 

a Judge Advocate General (JAG) Corps or other 

attorney.</p>

		<strong><li><p>Homeowner’s Mental Disability or

Incompetence (NY Civil Practice Law and 

Rules Section 1202)</p></li></strong>


		<p>If you are working with a homeowner whom you 

believe cannot defend himself or herself due 

to limited mental competence, you should ask 

the court to appoint a “Guardian Ad Litem” to 

represent the homeowner’s interests during the 

lawsuit.</p>

 <p>In addition, if you believe that the homeowner 

was not mentally competent at the time he 

or she signed the mortgage loan, you should 

describe in detail the timing and evidence of the 

homeowner’s incompetence, and immediately 

seek assistance from an attorney.</p>


<a href="#" data-reveal-id="sixthModal" class="button tiny"> 90-Day Pre-Foreclosure Notices part 2</a>
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								  <img src="img/Sample_90-Day_Pre_Foreclosure_Notice(2).png" alt="Sample 90 day Notice part 2">
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<strong><ul><li>I am eligible for the Home Affordable

Modification Program (“HAMP”) 

because it meets the following 

qualifiers: (1) My loan is secured by a 

one-to-four unit property, co-op, or 

condo; (2) This is my principal residence; 

(3) The loan was originated on or before 

January 1, 2009; and (4) I cannot afford 

my monthly mortgage payments. The 

loan servicer failed to comply with 

HAMP for the following reason(s) (check 

one or both if applicable):</li></ul>
<li>Chapter II, Section 3 of the MHA

Handbook prohibits the 

servicer from referring my 

loan to foreclosure until I have 

been evaluated for HAMP or 

determined ineligible for the 

program. I did not fail a HAMP 

trial period plan, I have responded 

to all reasonable requests for 

information, and I have not 

refused help under the program.</li>
<li>Other<li>
<p><strong>reason: ____________ </strong></p>

</strong>

<p>The federal Home Affordable Modification 

Program (“HAMP”) was designed to help 

homeowners that are facing trouble with their 

mortgages, and participating banks must 

follow Treasury guidelines in implementing 

the program. These guidelines ensure that 

homeowners are reviewed fairly to see if they 

qualify for the program. </p>

 <p>You should use this defense if you feel that 

your Bank did not review you for the HAMP 

program at all or you were incorrectly rejected 

from the HAMP program. If there is another 

HAMP-related issue you are facing, check the 

“Other” box and explain the issue precisely.</p>


<a href="#" data-reveal-id="sixthModal" class="button tiny"> 90-Day Pre-Foreclosure Notices part 3</a>
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								  <img src="img/Sample_90-Day_Pre_Foreclosure_Notice(3).png" alt="Sample 90 day Notice part 3">
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		<strong><li>My loan is insured by the Federal 

Housing Administration (“FHA”). 

The loan servicer has not complied 

with regulations of the Department 

of Housing and Urban Development 

requiring pre-foreclosure and loss 

mitigation evaluation for FHA-insured 

mortgage loans. Compliance with these 

regulations is a condition precedent to 

foreclosure. Further, failure to comply 

with these rules gives rise to equitable 

defenses to this action.</li><strong>


		<p>Service requirements for mortgages holding 

FHA guarantees and insurance require that 

every reasonable effort has been made to arrive 

at some other solution before the filing of a 

foreclosure. </p> 

 <p>You should raise this defense if you have an 

FHA loan and feel your servicer did NOT make 

reasonable efforts to work with you before filing 

the foreclosure. </p>


		<a href="#" data-reveal-id="sixthModal" class="button tiny"> 90-Day Pre-Foreclosure Notices part 4</a>
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								  <img src="img/Sample_90-Day_Pre_Foreclosure_Notice(4).png" alt="Sample 90 day Notice part 4">
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		<dd class="accordian-stages">
			<a href="#panel7"> <h2>My Mortgage</h2> </a>

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			<strong><li>My mortgage is guaranteed by the

Veterans Administration (“VA”) 

pursuant to Title 38 of the United 

States Code. The loan servicer has not 

complied with the regulations requiring 

that the servicer extend all reasonable 

forbearance options. Compliance 

with these regulations is a condition 

precedent to foreclose. Further, failure 

to comply with these rules gives rise to 

equitable defenses to this action.</li></strong>


<p>Service requirements for mortgages 

holding Veteran Administration guarantees 

and insurance require the mortgagee to 

demonstrate a proper ability to service loans 

adequately. The VA Lender’s Handbook states 

that holders of VA guarantees or insurance 

are not expected to start a foreclosure action 

until every reasonable effort has been made to 

arrive at some other solution. </p>

 <p>You should raise this defense if you have a 

VA loan and feel your servicer did NOT make 

reasonable efforts to work with you prior to 

filing the foreclosure.</p>




<a href="#" data-reveal-id="seventhModal" class="button tiny"> My Mortage part 1</a>
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								  <img src="img/my_mortgage(1).png" alt="my mortgage part 1">
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			<strong><li>have tried to tender payments in the

amount of $___ on ____ which would have 

paid the principal, interest, and fees I owed 

at the time in full, but the lender refused 

to accept the payment and proceeded to 

foreclosure against me wrongfully.</li></strong>

			<p>In a foreclosure proceeding, a valid tender of 

an amount that is sufficient to fully eliminate all 

defaults prior to the bank or servicer’s option to 

accelerate is a total defense. </p>

 <p>You should raise this defense if you feel that you 

paid all arrearages to your Bank prior to them 

sending you an Acceleration Letter, which is the 

letter you received prior to the foreclosure being 

filed that stated that the whole amount of your 

Mortgage is due immediately. Be sure to fill in the 

blanks with the amount you paid and the date 

you paid it.</p>


			<strong><li>Partial or Full Payment: I have made

payments in the amount of $_____ which 

have not been properly credited and 

are not reflected in the Summons and 

Complaint:</li></strong>


			<p>You have paid the mortgage payments, or some 

portion of the mortgage payments, that the 

Plaintiff claims you owe.</p>>

 <p>You believe that the amount of debt is incorrect 

and that you do not owe what the mortgage 

company says you owe.</p>


<a href="#" data-reveal-id="seventhModal" class="button tiny"> My Mortage part 2</a>
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	<strong><ul><li>On ____ (date of loan origination), 

Mr./Ms. ____, the ______ made 

statements to me to intentionally 

convince me to enter the mortgage and 

note at issue in this foreclosure action. 

I relied upon those statements and I 

was fraudulently induced to sign the 

mortgage and note. Mr./Ms.__________ 

told me that: </li>

<li> I would receive a fixed rate loan, but

instead I received an adjustable rate 

loan. </li>

<li> My mortgage term would be no

more____ years, but instead I received 

a____ year loan. </li>

<li> My total monthly payment would

include principal, interest, property 

taxes and hazard insurance, but instead 

my monthly payment did not include 

property taxes and hazard insurance. </li>

<li> My monthly payment would not be

higher than $______, but instead my 

monthly payment was $______. </li>

<li>My loan amount would not exceed

$______, but instead my loan amount 

was higher at $______. </li>

<li>Other __________________________</li></ul>

<p>I was injured by the above fraudulent 

statements because I paid more for my 

mortgage than I believed I could afford and 

ultimately fell into foreclosure as a result of 

the higher cost of the mortgage.</p></strong>



<p>For a fraud to have occurred there MUST have 

been six things that happened:</p>
<ol>
<li> There was a misrepresentation of fact by 

another party (frequently a mortgage 

broker or a representative from the bank) 

to you;</li>

<li> The statement was untrue; </li>

<li> The speaker knew the statement was 

untrue; </li>

 <li>The speaker was trying to deceive you; </li>

<li> You relied on the untrue statement; AND </li>

<li> You were injured (injured can mean 

financially injured) by the untrue 

statement.</li>
</ol>


<a href="#" data-reveal-id="seventhModal" class="button tiny"> My Mortage part 3</a>
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	<strong><p>You should use this defense if all six of these 

events happened to you. If you feel that you 

were deceived prior to closing on your loan, 

you believed those deceptions, and as a 

result you were more likely to sign your loan 

documents, you should fill in this section.</p></strong>

<p>Fraud is a defense that must be pleaded with 

particularity – that is to say that you must be 

VERY specific with your allegations. Therefore, 

if you are choosing fraud as a defense you 

must list exactly how the fraud occurred. You 

will need to check any and all of the above 

boxes that you feel accurately state the specific 

fraudulent behavior. If there are other fraudulent 

statements made to you other than the ones in 

the boxes below, check the “Other” box and list 

them out specifically in the lines provided.</p>


<a href="#" data-reveal-id="seventhModal" class="button tiny"> My Mortage part 4</a>
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								  <img src="img/my_mortgage(4).png" alt="my mortgage part 4">
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		<dd class="accordian-stages">
			<a href="#panel8"> <h2>Other defenses or counterclaims</h2> </a>

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			<strong><p>Other Defenses or Counterclaims _________________________</p></strong>


			<p>If you have any other claims you would like to 

tell the court about, list them all here. Be as 

specific as possible and add sheets of paper if 

necessary.</p>

			<p><em>STEP 4: ADD ANY ADDITIONAL INFORMATION 

TO THE “OTHER FACTS CONCERNING YOUR 

MORTGAGE” SECTION</em></p>
			<p>This can include facts surrounding any of the 

defenses you have already checked off or any 

other facts that you think the Court should 

know about. This is where you should tell 

your story. Below are some possible ideas 

that could apply to you.<em> Always be as specific 

as possible and attach additional pages if 

needed!</em></p>

			 <ul>
        <li>You were pressured to sign the mortgage

or home purchase documents.
</li>
<li>You were discouraged from using

your own attorney or appraiser or other 

independent advisor.
</li>
<li>You did not receive a financial benefit

from your mortgage.
</li>
<li>The interest rate is extremely high, or

higher than you qualified for given your 

credit history at the time you obtained 

your mortgage. 
</li>
<li>You were charged high closing costs or

fees.
</li>
<li>Your loan application was falsified

(e.g. your income was misstated on your 

application).
</li>
<li>You were told that utilities, medical

expenses, or other bills would be paid off 

by your mortgage, but they weren’t.
</li>
<li>You were told that your house was worth

more than its actual value.
</li>
<li>Your home was in poor condition when

you purchased it and you were promised 

repairs that were never made. </li>

<li>You were falsely told that you could earn

rental income from your home to help pay 

the mortgage. </li>
<li>You believe that you were targeted for an

unfair or abusive mortgage loan based 

on your race, national origin, sex, mental 

or physical disability, age, alienage/

citizenship status, or other legally 

protected characteristic. </li>
 </ul>



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<p><strong>STEP 5: FILL IN THE BOTTOM OF THE 4TH PAGE 

WITH YOUR CURRENT CONTACT INFORMATION.</strong></p>

	<p><em>STEP 6: IN FRONT OF A NOTARY PUBLIC, FILL 

OUT AND SIGN THE VERIFICATION SECTION - A</em> 

Verification is a statement under oath that the 

Answer is truthful. After you complete the Answer, 

you MUST sign this verification in front of a Notary 

Public and have them notarize it. You can often 

find a Notary Public at a branch of your local bank. 

Please be aware they may charge you a small fee 

for this service.</p>

<p><em>STEP 7: MAKE 2 COPIES OF THE VERIFIED ANSWER </em>

You will arrange for one copy to be “served” to the 

Plaintiff’s attorney. (See Step 8). You

will keep the second copy for your records.</p>

<p><em>STEP 8: “SERVE” THE PLAINTIFF’S ATTORNEY</em>

Ask someone other than yourself who is at least 

18 years old and not a Defendant in the lawsuit to 

“serve” a copy of the Verified Answer on Plaintiff’s 

attorney at the address listed on the Summons 

and Complaint. The easiest way to “serve” the 

Verified Answer is to arrange for the person to 

send it by certified mail, return receipt requested, 

or by overnight delivery service. Be sure to keep 

the proof of mailing and delivery.</p>


<a href="#" data-reveal-id="eigthModal" class="button tiny"> My defenses or counterclaims part 2</a>
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		<dd class="accordian-stages">
			<a href="#panel9"> <h2>Affidavit of Service</h2> </a>

			
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			<p><em>STEP 9: FILL OUT THE AFFIDAVIT OF SERVICE 
</em>

The person who “served” the copy of the 

Verified Answer on the Plaintiff’s attorney 

must fill out the Affidavit of Service in front a 

Notary Public and have it notarized. You can 

often find a Notary Public at a branch of your 

local bank. Please be aware they may charge a 

small fee for this service.</p></div></div>

<p><em>STEP 10: FILE THE VERIFIED ANSWER AND 

AFFIDAVIT OF SERVICE AT THE COUNTY CLERK. </em>

Bring the original Verified Answer, the extra 

copy of the Verified Answer, the notarized 

Affidavit of Service, and a copy of the 

notarized Affidavit of Service to your County 

Clerk’s office. (See list of the local area court 

clerks included in the front folder pocket of 

this guide.) At the County Clerk’s office, state 

that you wish to file an Answer. Be sure to ask 

the clerk to “time-stamp” the original Verified 

Answer, the Affidavit of Service and the copy 

of the Verified Answer, so that you have proof 

of the date and time you filed your Answer. 

Keep for your records a time stamped copy of 

the Verified Answer and a copy of the Affidavit 

of Service.</p>

<p>STEP 11: APPEAR AT YOUR SETTLEMENT 

CONFERENCE</p>

<a href="#" data-reveal-id="ninthModal" class="button tiny"> Affidavit Of Service</a>
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		</dd>













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