Summons and Complaint

The financial institution hires a law firm that drafts a Summons and Complaint. Simultaneously the law firm drafts a “Lis Pendens”. This is a document that warns all people that the title to the property in foreclosure is in litigation. It is filed with the County Clerk in the County where the property is located. In most situations a Lis Pendens and the Summons and Complaint are filed at the same time with the County Clerk’s Office in the County the property is located in.

The Process Server

The lawyers for the financial institution hires a process server who goes to the homeowner’s home or the homeowner’s place of business and serves a copy of the Summons and Complaint on the homeowner.

The Response of the Homeowner

If the homeowner seeks to fight the foreclosure lawsuit, or delay the foreclosure lawsuit, they must submit an Answer to opposing counsel and file that Answer with the Clerk of the Court. This must be done within 20 days of the date of the receipt of the Summons and Complaint if it was served in person or within 30 days if the homeowner was served by mail or delivered in another manner. The purpose of the Answer is to give the homeowner an opportunity to deal with errors or defenses they feel exist with regard to some aspect of the case.

Failure to Answer

If the homeowner fails to Answer the Summons and Complaint, it is considered a default. If the homeowner defaults, the lawsuit goes through the legal system faster and the homeowner can be denied a remedy to stop the foreclosure from moving forward.

The law firm of Schlissel DeCorpo LLP has been helping families deal with mortgage and foreclosure problems for more than 30 years. We can be reached at 718-350-2802, 516-561-6645 or 631-319-8262 or by e-mail at [email protected].