What to do after being served foreclosure papers
Being served with a foreclosure summons and complaint starts a clock. Missing the deadline to file an answer can lead to a default judgment, which removes most of the leverage a homeowner has in the case. An attorney's first job is usually to review the complaint for what the lender is claiming, confirm the answer deadline that applies to the specific court, and file a response that preserves defenses instead of letting the case go by default.
- Reviewing the summons and complaint for the exact answer deadline and the court where the case was filed
- Checking service itself for defects, since improper service can be a defense on its own
- Drafting and filing an answer that raises applicable affirmative defenses (standing, chain of title, notice requirements) rather than a bare denial
- Explaining what filing an answer does and doesn't do, since it keeps the case active but doesn't stop the underlying debt or the possibility of a later judgment
What it costs
Filing a basic answer is typically less expensive than a full trial-track defense, since it's a more contained piece of work with a fixed deliverable. What moves the price is how many affirmative defenses and counterclaims the attorney identifies, whether the loan file needs a deeper document review before drafting, and how close the served deadline already is when the homeowner calls.
Top 3 by our score
Ranked from our published scoring of public Google reviews for foreclosure defense litigation.
- 1. Jacob Silver, Attorney at Law945.0★ · 289 reviews
- 2. The Law Offices of Kenneth H Dramer PC924.9★ · 302 reviews
- 3. Law Office Of Matthew K. Tannenbaum924.9★ · 189 reviews
FAQ
- How many days do I have to respond to a foreclosure summons?
- It varies by court and case type, which is why the exact deadline printed on the summons matters more than a general rule of thumb. An attorney can confirm it quickly from the paperwork itself.
- What happens if I don't respond at all?
- The lender can typically move for a default judgment, which resolves the case in the lender's favor without a hearing on the merits.
- Can I file an answer myself without a lawyer?
- Homeowners can self-represent, but an answer that doesn't raise the right affirmative defenses can close off options later in the case.
- Does filing an answer stop the foreclosure?
- No. It keeps the case in active litigation rather than ending in default, but the case still proceeds through the court process.