How to File a Response to a Foreclosure Summons

by Anna Assad ; Updated July 27, 2017

You must file a response to a foreclosure summons as soon as possible to present your side and protect your rights. A foreclosure summons is a legal document issued by the court once the lender starts the foreclosure that notifies you of the case and requires an answer. You only have a specific period of time, as set by the court system, to file your response before the court moves the foreclosure forward.

Step 1

Visit the court that issued the summons. Ask the court clerk for the requirements for filing the response and the response form.

Step 2

Complete the response. Check the court rules for the response format. You typically must address each allegation in the summons. Present facts only; do not offer information you can't prove. Cite any information or evidence you have that proves an allegation is false.

Step 3

Read over the court rules. Rules vary by area, but you typically need to send copies of the response by certified mail or personal service to the other parties on the foreclosure case. Make a list of all parties to whom you must send the response.

Step 4

Complete any additional forms the court requires. Ask the clerk for assistance if you're not sure about any of the sections of the forms.

Step 5

File the response in court. Make copies as needed. Mail or have the response personally served to each party on the case.

Tips

  • You typically must send the notice to the attorneys for the parties on the case if the parties have legal representation.

About the Author

Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background. She also tutored in English for nearly eight years, attended Buffalo State College for paralegal studies and accounting, and minored in English literature, receiving a Bachelor of Arts.