The Summons and Complaint

August 20, 2024 By Elliot S. Schlissel

A foreclosure lawsuit is initiated by the attorneys for the bank by drafting a Summons and Complaint. It is then filed with the County Clerk’s Office in the County in which the property is located and the attorneys for the bank receive an index number and a filing date which is attached to the front of the Summons. The bank attorneys then hire a process server who serves the Summons and Complaint on the homeowner.

If the homeowner is served personally, the homeowner has twenty (20) days to respond by submitting a written Answer. If the homeowner is served by any other means, the homeowner has thirty (30) days to respond to the Summons and Complaint by submitting a written Answer.

The response to the Summons and Complaint is called an Answer. An Answer can contain admissions or denials. It can also contain defenses and affirmative defenses. As part of the Answer the homeowner can counter sue the bank for various relief including setting the mortgage aside. An experienced foreclosure lawyer will often put 100 to 120 paragraphs in the Answer.

Representing Yourself

There is an expression: “The man who represents himself has a fool for his lawyer”. Do yourself a favor, hire an experienced foreclosure defense lawyer to represent you and your family if you are facing a foreclosure. The attorneys for the banks generally have extensive experience in bringing foreclosure lawsuits. They often bring more than 100 of these cases per month. The bank attorneys know how to process the foreclosures and know the ins and outs of the court system. You need someone on your side at least as good as them!

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 info@sdnylaw.com.