A Notice of Appearance is a document filed with the Court that alerts the Court that you would like to be an active participant in the foreclosure proceeding. By fi ling a Notice of Appearance, you are telling the Court that you want copies of all future relevant legal documents related to the foreclosure to be sent to you. (If you have chosen to fi le an Answer, you automatically have made this request and do not need to file a Notice of Appearance.)
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What is a Notice of Appearance?
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Why is it important to file a Notice Of Appearance?
If you decide to NOT file an Answer, you should file a Notice of Appearance which will guarantee that you will receive all future pleadings and documents in your court case, including notice of sale. If you do not file an Answer or a Notice of Appearance, the Bank is NOT required to send you copies of legal documents filed with the Court later in the foreclosure process. Therefore, we HIGHLY recommend that you file either an Answer or a Notice of Appearance at this point in the foreclosure proceeding. If you received a Summons and Complaint, you have the right to serve and file an Answer to the Complaint. Sometimes, however, it may not be a good idea to file an Answer. You have to make that choice if you are unable to find an attorney to help you. There are two possible reasons why you may NOT want to file an Answer.
- 1. You may not have any legal defenses or claims to the foreclosure and you simply fell behind on your mortgage because of a loss of income.
- 2. If you file an Answer and are unsuccessful in convincing the Court that you are correct, you will be responsible for the legal fees that the Bank must pay to defend the foreclosure. This will increase the amount of money you owe the Bank, which could increase the amount of money you will have to pay back. This ultimately can make it even harder for you to obtain a loan modification or some other type of workout.
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Where can you get the forms to fill out?
A blank Notice of Apperarance and Affirmatiion of Service can be found by clicking the buttons below.
YOU SHOULD KEEP COPIES OF ALL COURT DOCUMENTS FOR YOUR RECORDS.
FILLING OUT THE NOTICE OF APPEARANCE Affidavit Of Service
