PREVENTING DEFAULT IN A FORECLOSURE LAWSUIT PART 3

Lawsuits can continue like a river … don’t let a foreclosure lawsuit carry you too far downstream ….

This continues the series of guest posts by foreclosure defense attorney N. Ana Garner. The earlier posts in the series are here and here.

 

 

HOW TO PREVENT A DEFAULT JUDGMENT AGAINST YOU FOR FORECLOSURE

By N. Ana Garner, Esq.

 Here’s how you file an Answer [there are 8 points total here but the series breaks them up, so come back].

 1. Time: You have 30 days from the time you received the packet to file it with the District Court clerk and send a copy to the bank’s attorney. The Summons will have the address of the Court  where you will need to send the Answer. Now, I’m not going to be able to give you enough information to make your answer sound like something from an attorney. That doesn’t matter. The important thing is that you DO IT.

2. Look at the first page of the Complaint. Everything above the words “Complaint” or “Complaint in Foreclosure” is called the caption or style of the case.  You must type that in exactly as it appears, making sure the number is exactly the same. This is essential to make sure the Answer is filed in the correct court file. Instead of “Complaint”, you’ll type ANSWER, preferably centered.

3. Each paragraph of the Complaint must be admitted or denied. Deny the paragraph if any part of it is untrue. Number your answer by the same numbers as each paragraph in the Complaint.  If you don’t have enough information to admit or deny a paragraph, state: deny for lack of sufficient information.

A word of caution about admitting anything. You may think you should admit you executed a note and mortgage. We know you signed something. What we don’t know is whether that Note and Mortgage are enforceable, nor do we know whether the copy of the Note attached as an Exhibit is a true and correct copy of your current original note. Sure, it looks like the one you signed years ago. But in the interim, it may have collected various endorsements by being transferred and sold numerous times, endorsements you won’t see on the copy attached to the complaint.  So, don’t admit that it is a true copy of the “original” Note. The “original Note” isn’t the one you signed, it’s the current negotiable instrument that has been sold many times over.

Also, in the complaint where bank or servicer claims to be the holder of the Note, definitely deny that. Make them prove it. Many times, they can’t.

Ana Garner, Attorney at Law, represents only homeowners in the Santa Fe and Albuquerque areas.  She has 30 years of litigation experience in N.M. courts. Her mission is to protect the integrity of the judicial process in foreclosure actions and expose the fraud being perpetrated on the courts and citizens.  Her contact information is garnerlaw@yahoo.com; telephone 505 474-5300. She will review foreclosure lawsuit documents at no charge if they are scanned and e-mailed to her with the subject line, Free Review of Foreclosure docs.

This continues the new series of guest posts by foreclosure defense attorney N. Ana Garner.   Please come back tomorrow for more in the series.

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