Answering The Summons

The laws of most states prohibit the defining of laws and professional processes by anyone other than a licensed professional in that field.

This 'Answering a summons' report

is a collaboration of authors who are Real Estate Brokers, Commercial Mortgage Brokers, licensed Residential Mortgage Brokers and excerpts from Illinois Free Legal Service Websites, along with the authors personal experiences.

In researching information that would be helpful to you in filling out and filing your Appearance and Answer forms,

we gathered information from several Illinois legal sites.

Their information pertains to Cook County,

however you should find the information useful in your County

as the Counties appear to use a uniform protocol.

Get the forms at: Forms 

Instructions To Prepare and Fill Out
An Answer To
The Complaint To Foreclose Mortgage

by Illinois Legal Aid

The Purpose:

The answer is your response to the plaintiff’s complaint to foreclose your mortgage.

In the answer,

you state whether you;

• agree with (admit) or
• disagree with (deny)
• or do not have enough information to agree or deny each statement in the complaint.

What You Have To Do

Complete the Verified Answer to Complaint to Foreclose Mortgage form.

In your answer,

you must respond to every paragraph in the plaintiff’s complaint against you.

If you do not deny some information in the plaintiff’s complaint, the court will find that you have admitted that information as true.

You must have the original and three copies of your answer

when you file the answer.

File the answer (with the appearance)

at the clerk of the circuit court.

This must be done within 30 days from the day that you were served with (received) the mortgage company's complaint.

How To Complete The Sheet

1. Copy the case caption from the Mortgage Foreclosure Summons. This includes the name of each party and the case number.
   
   
2. Write in the name of the attorney for the mortgage company next to the line stating: To (Plaintiff's Attorney). If applicable. Then, insert your name in the space following Now Comes the Defendant…
   
   
3. Respond to the mortgage company's complaint in the blank lines contained in paragraph numbers 1-3 of the answer. Make sure that you respond to each paragraph of the complaint by doing the following;
   
   
   

   • If you agree with what is stated in any of the paragraphs of the mortgage company's complaint, that means that you admit that paragraph of the complaint.
     
     
   • If you admit any paragraphs of the complaint, list the number of each paragraph that you agree with in the space following #1 of the answer.
     
     
   • If you disagree with what is stated in any of the paragraphs of the mortgage company's complaint, that means that you deny that paragraph of the complaint.
     
     
   • If you deny any paragraphs of the complaint, list the number of each paragraph that you do not agree with in the space following #2 of the answer.
     
     
   • If you do not have enough information to answer a statement in the complaint, list the number of each paragraph from the complaint that you are unable to answer in the space following #3 of the answer.
     
     
     
4. Section #4 (Other Affirmative Matter) is an optional section. This section should be completed only if there are reasons that may give a legal excuse or defense for your actions.
   
   
   

   • For example, if you are no longer responsible for the debt, and the mortgage company has given you a written release from the mortgage agreement, you would have an affirmative defense.
     
     
   • NOTE: You do not have to write anything in this section. The mortgage company can use anything you write in this section against you in court.
     
     
   • You may have to prove the truth of anything that you write in this section.
     
     
   • You should consult a lawyer to find out if you have any defenses.
     
     
   • You can find a list of legal services agencies on the back side of the summons, or
     
     
   • search the Resources section of this website to find legal help.
     
     
5. Print your name in the blank space following Wherefore, the Defendant. Sign your name below the request for relief.
   
   
6. Read the Verification section. Sign your name below the verification section. It is required by law to sign your name after this section for your answer to be properly filed.
   
   
7. Below the Verification section, type or print your name, address, and telephone number.

For additional help,

refer to the example forms

Get the forms at: Forms

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