How to Answer a Foreclosure Summons — Complete 50-State Guide

The Summons is the official notice telling you that you are being sued and that you must respond. It includes the court name, case number, and response deadline. The Complaint (also called a Petition in some states) is the actual lawsuit document that lists the lender's allegations against you — typically including the loan details, default date, amount owed, and the lender's request to foreclose. You must respond to both, but your Answer addresses the allegations in the Complaint.

The lender can file a Motion for Default Judgment. If granted, the court enters judgment against you without hearing your side. The foreclosure proceeds to sale, and you lose the right to raise any defenses. However, you may still have options: some courts allow a Motion to Set Aside Default if you act quickly and can show good cause (such as improper service, excusable neglect, or a meritorious defense). You should contact a document preparation service or attorney immediately.

Yes. This is called proceeding "pro se" (representing yourself). Many homeowners successfully file their own Answers, especially with professional document preparation assistance. The key requirements are: (1) file before the deadline, (2) respond to each numbered allegation, (3) raise appropriate affirmative defenses, and (4) serve the plaintiff's attorney. The court holds pro se litigants to the same procedural rules as attorneys, so accuracy matters. Dream Legal Solutions provides pro se document preparation services to help ensure your Answer is legally sufficient.

Affirmative defenses are legal reasons why the lender should not win — even if everything in their Complaint is factually true. Common affirmative defenses include: lack of standing (the plaintiff cannot prove they own your loan), expiration of the statute of limitations, failure to state a claim, TILA violations, RESPA violations, unclean hands, and failure to comply with pre-foreclosure requirements. Without raising affirmative defenses in your Answer, you may waive the right to argue them later. Visit our Affirmative Defenses Catalog for a complete guide.

Court filing fees vary by state and county, typically ranging from $150 to $500. Additionally, you may have service of process costs. If you cannot afford the filing fee, most courts allow you to file a Fee Waiver Application (sometimes called an Application to Proceed In Forma Pauperis). Document preparation services like Dream Legal Solutions charge a flat fee for preparing your Answer — typically a fraction of what an attorney would charge.

In non-judicial foreclosure states (like California, Texas, Georgia, Arizona, and others), the lender does not file a lawsuit in court. Instead, they proceed through a trustee under the power of sale in your deed of trust. You will not receive a Summons and Complaint — you will receive a Notice of Default and/or Notice of Trustee Sale. To stop a non-judicial foreclosure, you must file a civil lawsuit against the lender or trustee. This is different from filing an Answer. Our state-specific pages explain the exact process for each non-judicial state.

1. Write down the date you were served — this determines your deadline. 2. Read every page of the Summons and Complaint immediately. 3. Note the case number, court name, and plaintiff's attorney. 4. Calculate your deadline using our state pages. 5. Do not contact the lender directly without understanding your legal position — anything you say can be used against you. 6. Contact a document preparation service or attorney to begin preparing your Answer. The most common mistake is waiting. Deadlines are absolute and short in most states.