Filling out an Answer
Step 1:
FILL OUT THE “CAPTION” OF THE ANSWER
Step 2:
FILL OUT THE FIRST PAGE OF THE NOTICE OF APPEARANCE
Step 3:
CHECK OFF AND EXPLAIN YOUR DEFENSES
Step 4:
ADD ANY ADDITIONAL INFORMATION
Step 5:
FILL IN THE BOTTOM OF THE 4TH PAGE
Step 6:
FILL OUT AND SIGN THE VERIFICATION SECTION
Step 7:
MAKE 2 COPIES OF THE VERIFIED ANSWER
Step 8:
“SERVE” THE PLAINTIFF’S ATTORNEY
Step 9:
FILL OUT THE AFFIDAVIT OF SERVICE
Step 10:
FILE THE VERIFIED ANSWER AND AFFIDAVIT OF SERVICE AT THE COUNTY CLERK
Step 11:
APPEAR AT YOUR SETTLEMENT CONFERENCE
STEP 1: FILL OUT THE “CAPTION” OF THE ANSWER
As shown in the sample Answer below, fill in the top part of the Notice of Appearance form (known as the “Caption”) by copying the necessary information from the Summons or Complaint.
STEP 2: CHECK “GENERAL DENIAL” BOX
STEP 3: CHECK OFF AND EXPLAIN YOUR DEFENSES
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 incr
Lack of Standing to Sue:
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.
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.
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.)
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.
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.
Improper Service of the Summons and Complaint (NY Civil Practice Law and Rules Section 308) because I was not served in any of the following three methods.
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.
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.
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. You should use this defense if you never received an Acceleration Letter from your Bank.