How to Draft an Answer to a Foreclosure Complaint

Описание: Answering a Foreclosure Complaint buys you time. The foreclosure timeline is extended by 6-18 months simply by filing an Answer. This is time to modify or refinance your loan. Time to look at other financial options like a short pay or hard money loan. Time to list the property and do a short sale to preserver your equity if home retention is not an option. Time changes everything. With the added time, your fortunes may change and your temporary economic hardship may be behind you.

HELPFUL RESOURCES

How to File an Answer to a Foreclosure Complaint (NJ Judiciary)
https://www.njcourts.gov/forms/11380_...

Foreclosure Case Information Statement
https://www.njcourts.gov/forms/10169_...

Legal Services of New Jersey
https://www.lsnj.org/

New Jersey Foreclosure Timeline
https://www.lsnjlaw.org/Housing/Home-....

New Jersey Judiciary Court Forms
https://www.njcourts.gov/selfhelp/cat...

Relevant Court Rules for Answers
https://www.njcourts.gov/attorneys/as...

Excerpts of the New Jersey Court Rules:

4:5-3. Answer; Defenses; Form of Denials
An answer shall state in short and plain terms the pleader's defenses to each claim asserted and shall admit or deny the allegations upon which the adversary relies...A pleader who is without knowledge or information sufficient to form a belief as to the truth of an allegation shall so state...The pleader may not generally deny all the allegations but shall make the denials as specific denials of designated allegations or paragraphs.

4:5-4. Affirmative Defenses; Misdesignation of Defense and Counterclaim
A responsive pleading shall set forth specifically and separately a statement of facts constituting an avoidance or affirmative defense including but not limited to accord and satisfaction, arbitration and award, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, frustration of purpose, illegality, impossibility of performance, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, and waiver. If a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on terms if the interest of justice requires, shall treat the pleading as if there had been a proper designation.

Case Management Conferences
https://www.njcourts.gov/attorneys/as...

How to Apply for Foreclosure Mediation
https://www.njcourts.gov/forms/11270_...