HOW TO FILE AN ANSWER TO A

FORECLOSURE COMPLAINT

IN ERIE COUNTY

WHEN YOU DON’T HAVE A LAWYER

EXPLANATION OF SAMPLE ANSWER FROM

WESTERN NEW YORK LAW CENTER’S PRO SE

FORECLOSURE PREVENTION PROJECT

Why is it important to file an Answer?

If you have received a Foreclosure Summons and Com-

plaint, you have the right to serve and file an Answer to

the Complaint pro se. This will guarantee that you re-

ceive notice of all future actions in the court case, and

may help preserve your legal rights.

If you don‟t file an Answer, the judge will enter a de-

fault judgment against you and you could lose the right

to raise any defenses to the foreclosure. You also may

not receive notices from the court about what‟s going on

with your house and it could be sold without your

knowledge.

This pamphlet will walk you through how to fill out and

serve the Sample Answer from Western New York Law

Center‟s Pro Se Foreclosure Prevention Project. Click

here to view and download a copy of the Sample An-

swer.

THIS GUIDE IS DESIGNED TO HELP YOU FILE AN ANSWER.

IT SHOULD NOT REPLACE FINDING A NON-PROFIT FORECLOSURE PREVEN-

TION ATTORNEY TO ASSIST YOU.

IN ERIE COUNTY, DIAL 716-855-0203 AND YOU WILL HAVE THE OPPORTU-

NITY TO SPEAK WITH AN ATTORNEY AT NO COST.

OUTSIDE OF ERIE COUNTY, CONTACT THE

FOLLOWING FOR FREE LEGAL ADVICE:

Niagara County:

Legal Aid Bureau: 716-853-9555

Orleans and Genesee County:

Empire Justice Center: 585-454-4060

Allegany County:

Southern Tier Legal Services: 607-776-4126

Cattaraugus County:

Southern Tier Legal Services: 716-373-4701

Chautauqua County:

Southern Tier Legal Services: 716-664-4535

Disclaimer:

This pamphlet and the Sample Answer that it serves

to explain are not to be construed as legal advice.

Both documents should be used only as sources of

legal information, not as replacements for legal ad-

vice or representation.

What is Foreclosure?

In New York State, a foreclosure is a lawsuit against a mort-

gage borrower (person who uses their home or other real prop-

erty as collateral for a loan to purchase that property) filed by

the lender (person or institution that provided a loan that is se-

cured by the home or other real property that the funds from

the loan were used to finance).

The Plaintiff files a foreclosure lawsuit to ask the court to sell

the home to repay the mortgage debt.

The Defendant has the right to go to court in person and to file

legal papers to try to resolve the foreclosure, either with or

without a lawyer.

TIPS FOR PRO SE LITIGANTS:

BE PERSISTENT AND ANSWER

ALL REQUESTS FROM THE

COURT AND MAKE EVERY AP-

PEARANCE DATE.

KEEP COPIES OF ALL COURT

DOCUMENTS (INCLUDING THE

ANSWER AND AFFIDAVIT OF

SERVICE) FOR YOUR RECORDS.

WHEN YOU USE THE U.S. POSTAL

SERVICE TO MAIL IMPORTANT

DOCUMENTS, SEND IT CERTI-

FIED MAIL SO YOU HAVE A RE-

CORD THAT PROVES YOU SENT

THE ITEM IN QUESTION. SEE

PAGE 8 FOR AN EXAMPLE OF A

CERTIFICATE OF MAILING.

What does “pro se” mean?

„Pro Se‟ is latin for „for oneself‟. It is a term used to describe

someone who represents him or herself in court, without a

lawyer. A „pro se‟ litigant plays the roles of defendant and

lawyer in a lawsuit.

BASICS

SAMPLE SUMMONS

THIS SAMPLE FORECLOSURE SUMMONS SHOWS THE

INFORMATION YOU NEED TO COPY TO YOUR ANSWER

FILLING OUT THE ANSWER

BELOW IS AN IMAGE OF THE SAMPLE ANSWER FROM WNYLC’S

PRO SE FORECLOSURE PREVENTION PROJECT. THE FOLLOW-

ING PAGES WILL WALK YOU THROUGH HOW TO FILL IT OUT.

STEP 1: FILL IN THE TOP PART OF THE SAMPLE ANSWER BY COPY-

ING THE INFORMATION (COUNTY, PLAINTIFF, DEFENDANT, INDEX

NO.) FROM THE SUMMONS AND COMPLAINT

FILLING OUT THE ANSWER CONTINUED...

STEP 2: CHECK “GENERAL DENIAL”*

*A GENERAL DENIAL IS A WAY TO DENY ALL ALLEGATIONS

IN A COMPLAINT TO AVOID DEFAULT. THE GENRAL DENIAL

IS NOT PREFERRED BY THE COURT BECAUSE YOU ARE NOT

SPECIFICALLY DENYING ANY ALLEGATION, BUT IT WILL BE

ADEQUATE IN THIS INSTANCE SINCE YOU DO NOT HAVE A

LAWYER. A GENERAL DENIAL DOES NOT PRESERVE ANY OF

THE AFFIRMATIVE DEFENSES NOR IS IT A SUBSTITUTE FOR

CLAIMING OTHER DEFENSES AND COUNTERCLAIMS.

STEP 3: CHECK OFF ANY OF THE DEFENSES* AND COUN-

TERCLAIMS LISTED THAT YOU BELIEVE APPLY TO YOUR

SITUATION. PAGES 10 THROUGH 13 OF THIS PAMPHLET EX-

PLAIN WHAT EACH DEFENSE MEANS IN MORE DETAIL.

*A DEFENSE IN A CIVIL CASE IS A THEORY THAT SUPPORTS

THE ASSERTION THAT THE LAWSUIT IN QUESTION SHOULD

BE DECIDED IN YOUR FAVOR.

FILLING OUT THE ANSWER CONTINUED...

STEP 4: ADD ANY ADDITIONAL INFORMATION OR DEFENSES

TO THE “OTHER FACTS CONCERNING YOUR MORTGAGE”

SECTION.

*THIS IS WHERE YOU TELL YOUR STORY. EXPLAIN WHY

YOU FELL BEHIND IN YOUR MORTGAGE PAYMENTS. TALK

ABOUT ANY QUESTIONABLE OR FRAUDULENT BEHAVIOR

COMMITTED BY YOUR LENDER.

STEP 3 CONTINUED...: LOOK AT THE “UNDERSTANDING

YOUR DEFENSES” SECTION OF THIS PAMPHLET FOR AN EX-

PLANATION OF EACH DEFENSE.

FILLING OUT THE ANSWER CONTINUED...

STEP 4 CONTINUED…: ADD AS MUCH INFORMATION AS IS

RELEVANT TO SUPPORT YOUR DEFENSE.

STEP 5: FILL IN THE MIDDLE OF THE THIRD PAGE WITH

THE DATE AND YOUR CURRENT CONTACT INFORMATION,

INCLUDING YOUR ADDRESS AND PHONE NUMBER.

STEP 6: WAIT UNTIL YOU ARE SITTING BEFORE A NOTARY

PUBLIC TO FILL IN THE VERIFICATION SECTION OF YOUR

ANSWER. MOST BANKS HAVE A FREE NOTARY SERVICE

FOR ACCOUNT HOLDERS. CALL YOUR BANK AND SEE IF

YOU CAN DROP IN TO HAVE YOUR ANSWER NOTARIZED. IF

YOU DON’T HAVE A BANK ACCOUNT, MOST LAW OFFICES

PROVIDE A NOTARY SERVICE FOR A SMALL FEE. WHEN

SITTING BEFORE THE NOTARY, FILL OUT AND SIGN THE

VERIFICATION AND HAVE THE NOTARY SIGN AND NOTA-

RIZE THE FORM.

STEP 7: AFTER YOU HAVE VERIFIED THE ANSWER AND HAD IT

NOTARIZED, YOU MUST HAVE SOMEONE OTHER THAN YOURSELF

SERVE IT ON THE OPPOSING COUNSEL. FIRST, MAKE TWO COP-

IES OF THE COMPLETED, SIGNED, NOTARIZED ANSWER. KEEP

THE FIRST COPY FOR YOUR OWN RECORDS. SERVE (SEE EXPLA-

NATION BELOW) THE SECOND COPY ON THE PLAINTIFF’S ATTOR-

NEY, IE OPPOSING COUNSEL. YOU CAN FIND THEIR ADDRESS ON

THE LAST PAGE OF THE ORIGINAL SUMMONS AND COMPLAINT,

WHERE THE PLAINTIFF’S ATTORNEY SIGNED THE DOCUMENT.

HERE IS AN EXAMPLE OF THE FINAL PAGE OF A COMPLAINT

FILED IN ERIE COUNTY BY FEIN, SUCH AND CRANE. BUT THERE

ARE COUNTLESS OTHER FIRMS THAT COULD BE REPRESENTING

YOUR LENDER. CHECK THE SUMMONS AND COMPLAINT TO FIND

OUT WHO IS REPRESENTING YOUR LENDER.

STEP 8: THE EASIEST WAY TO SERVE THE VERIFIED ANSWER IS

TO ARRANGE FOR A PERSON OTHER THAN YOURSELF WHO IS AT

LEAST 18 YEARS OLD AND NOT A DEFENDANT IN THE LAWSUIT

TO SEND THE ANSWER VIA CERITIFED MAIL TO THE PLAINTIFF’S

ATTORNEY, RETURN RECEIPT REQUESTED, AND KEEP A COPY OF

THE PROOF OF MAILING AND DELIVERY. THIS COSTS APPROXI-

MATELY $2.80 AT YOUR LOCAL US POST OFFICE AND MUST BE

REQUESTED AT THE TIME OF MAILING. FOLLOW THIS LINK FOR

MORE INFORMATION ABOUT CERTIFIED MAIL: http://

www.usps.com/send/waystosendmail/extraservices/

certifiedmailservice.htm

THE PERSON MAY ALSO SERVE THE PLAINTIFF’S ATTORNEY IN

PERSON BY ACTUALLY GOING TO THE ATTORNEY’S OFFICE.

xxxxxxxxxxxxx

CERTIFICATE OF MAILING

FINAL PAGE OF SUMMONS

SERVING THE ANSWER ON THE OPPOSING COUNSEL

STEP 9: THE PERSON WHO SERVED THE VERIFIED ANSWER MUST

SIGN AN “AFFIDAVIT OF SERVICE” IN FRONT OF A NOTARY PUB-

LIC. HERE IS AN EXAMPLE OF AN AFFIDAVIT OF SERVICE. YOU

CAN DOWNLOAD ONE HERE.

STEP 10: THE ORIGINAL SIGNED AND NOTARIZED ANSWER WITH

THE SIGNED AND NOTARIZED AFFIDAVIT OF SERVICE MUST BE

FILED IN PERSON AT THE ERIE COUNTY CLERK’S OFFICE, LO-

CATED AT 94 FRANKLIN STREET IN BUFFALO.

IF YOU ARE OUTSIDE OF BUFFALO AND ARE UNABLE TO GET TO

THE CLERK’S OFFICE IN ORDER TO FILE, YOU SHOULD HAVE

SOMEONE ELSE FILE YOUR ANSWER FOR YOU. AS A LAST RE-

SORT, YOU MAY CONTACT THE CLERK’S OFFICE AT 716-858-

7766 AND REQUEST SPECIAL PERMISSION TO SEND YOUR ORIGI-

NAL ANSWER TO THEM BY CERTIFIED MAIL, THOUGH IT IS

LIKELY THAT IT WOULD NOT BE PROCESSED IN TIME TO AVOID

DEFAULT.

THIS MUST BE SIGNED AND

STAMPED BY A NOTARY.

FILING WITH THE CLERK’S OFFICE

UNDERSTANDING YOUR DEFENSES TO THE FORECLOSURE ACTION

FILLING OUT THIS ANSWER ON YOUR OWN SHOULD BE A LAST

RESORT. PLEASE CONTACT A FORECLOSURE PREVENTION AT-

TORNEY AT WESTERN NEW YORK LAW CENTER BEFORE YOU

RELY ON THIS PAMPHLET AS YOUR SOLE SOURCE OF LEGAL IN-

FORMATION. THE LAW CENTER’S ATTORNEYS WILL PROVIDE

LEGAL REPRESENTATION AT NO COST TO YOU.

WNYLC CAN BE REACHED AT 716-855-0203.

AS WRITTEN ON PAGE 4 OF THIS PAMPHLET, YOU

SHOULD FIRST SELECT “GENERAL DENIAL” TO DENY

ALL ALLEGATIONS IN THE PLAINTIFF‟S COMPLAINT.

SERVICE (NYCPLR SECTION 308):

PROPER SERVICE REQUIRES THAT THE FORECLOSURE SUM-

MONS AND COMPLAINT BE:

HANDED TO YOU IN PERSON OR

LEFT AT YOUR HOME OR BUSINESS WITH A “PERSON OF

SUITABLE AGE AND DISCRETION” WITH ANOTHER COPY

MAILED WITHIN 20 DAYS TO YOUR HOME OR BUSINESS OR

IF OTHER METHODS FAIL, ATTACHED TO YOUR HOME OR

BUSINESS DOOR, WITH ANOTHER COPY MAILED WITHIN 20

DAYS TO YOUR HOME OR BUSINESS

UNDERSTANDING YOUR DEFENSES CONTINUED...

HAMP (SUPPLEMENTAL DIRECTIVE 10-02):

IF YOUR MORTGAGE IS:

1) A FIRST LIEN MORTGAGE LOAN AND

2) INSURED BY FANNIE MAE/FREDDIE MAC OR

3) YOUR LENDER HAS AGREED TO PARTICIPATE IN THE HAMP

PROGRAM AND

4) YOU HAVE NOT BEEN REVIEWED FOR A HAMP MODIFICA-

TION OR

5) YOU ARE CURRENTLY BEING REVIEWED FOR A HAMP

MODIFICATION OR

6) YOU ARE IN A TRIAL HAMP MODIFICATION

THEN YOU MAY RAISE THIS AS A DEFENSE TO THE FORECLO-

SURE ACTION AS PER HAMP SUPPLEMENTAL DIRECTIVE 10-02.

LACK OF STANDING TO SUE:

A FORECLOSURE PLAINTIFF MUST PROVE THAT IT HAS THE

RIGHT TO FORECLOSE, KNOWN AS “STANDING,” BY SHOWING

THAT IT IS THE OWNER OF THE NOTE AND MORTGAGE WHEN IT

STARTS THE LAWSUIT. FOR PROPERTIES LOCATED IN ERIE

COUNTY, INFORMATION CONCERNING MORTGAGE OWNERSHIP

AND ASSIGNMENT IS AVAILABLE AT THE COUNTY CLERK‟S

OFFICE. LIMITED INFORMATION IS AVAILABLE TO GUESTS

ONLINE CLICK HERE.

PLAINTIFF FAILED TO AFFIRMATIVELY ALLEGE THAT IT IS

THE HOLDER OF THE NOTE AND/OR MORTGAGE:

THIS IS RELATED TO LACK OF STANDING. AS PER NY REAL

PROPERTY ACTIONS AND PROCEEDINGLS LAW SECTION 1302,

THE PLAINTIFF IN A FORECLOSURE ACTION IS REQUIRED TO

ALLEGE IN THE FORECLOSURE COMPLAINT THAT, AT THE TIME

IT FILES THE LAWSUIT, IT IS THE LEGAL OWNER AND HOLDER

OF THE NOTE AND MORTGAGE, OR HAS BEEN GIVEN LEGAL

AUTHORITY TO FORECLOSE. THE COMPLAINT SHOULD STATE

EITHER: “PLAINTIFF OWNS AND HOLDS THE SUBJECT MORT-

GAGE AND NOTE,” OR: “THE OWNER AND HOLDER OF THE

SUBJECT MORTGAGE AND NOTE HAS GIVEN PLAINTIFF THE LE-

GAL RIGHT TO FORECLOSE.” YOU MAY ALSO RAISE THIS DE-

FENSE IF THE STATEMENT IS IN THE COMPLAINT BUT YOU BE-

LIEVE IT IS FALSE. FOR PROPERTIES IN ERIE COUNTY, INFOR-

MATION ABOUT MORTGAGE OWNERSHIP AND ASSIGNMENT IS

AVAILABLE AT THE COUNTY CLERK‟S OFFICE. LIMITED INFOR-

MATION IS AVAILABLE TO GUESTS ONLINE CLICK HERE.

AS PER NY RPAPL 1303, FOR ALL FORECLOSURE LAWSUITS

(SUB-PRIME AND PRIME) FILED AFTER SEPTEMBER 1ST, 2008

ON OWNER-OCCUPIED HOMES, THE PLAINTIFF IS REQUIRED TO

INCLUDE A NOTICE OF “HELP FOR HOMEOWNERS IN FORECLO-

SURE” WITH THE FORECLOSURE SUMMONS AND COMPLAINT.

THIS NOTICE MUST BE PRINTED IN BOLD, LARGE TYPE AND ON

COLORED PAPER. IF YOU DID NOT RECEIVE THIS NOTICE,

YOU SHOULD RAISE THIS DEFENSE.

AS PER NY RPAPL 1304, LENDERS MUST SEND A 90-DAY PRE-

FORECLOSURE NOTICE TO HOMEOWNERS WHO HAVE FALLEN

BEHIND WITH THEIR MORTGAGE PAYMENTS. TWO COPIES OF

THE NOTICE MUST BE SENT, ONE BY FIRST-CLASS MAIL AND

ONE BY REGISTERED OR CERITIFIED MAIL. THE NOTICE MUST

STATE “YOU COULD LOSE YOUR HOME” AND LIST THE

NUMBER OF DAYS THE MORTGAGE PAYMENTS ARE LATE AND

THE AMOUNT OF MONEY REQUIRED TO CATCH UP. AFTER

THESE NOTICES ARE SENT, THE LENDER MUST WAIT AT LEAST

90 DAYS TO FILE THE FORECLOSURE COMPLAINT. IF YOU DID

NOT RECEIVE BOTH COPIES OF THE NOTICE OR SOME OF

THE INFORMATION WAS MISSING OR THE FORECLOSURE

LAWSUIT WAS FILED BEFORE YOUR 90-DAY GRACE PERIOD

WAS COMPLETE, THEN YOU SHOULD RAISE THIS DEFENSE.

AS PER NY RPAPL 1306, LENDERS MUST FILE A PRE-

FORECLOSURE INFORMATION FORM WITH THE SUPERINTEN-

DENT OF BANKS FOR ALL 90-DAY PREFORECLOSURE NOTICES

FILED ON OR AFTER FEBRUARY 13TH, 2010. TO CHECK

WHETHER YOUR LENDER FILED WITH THE SUPERINTENDENT OF

BANKS, CALL ALEX SMORODA AT THE NY STATE BANKING

DEPARTMENT AT 212-709-5569. IF YOUR LENDER FAILED TO

FILE THE REQUIRED INFORMATION FORM WITH THE SUPER-

INTENDENT OF BANKS, YOU SHOULD RAISE THIS DEFENSE TO

THEIR FORECLOSURE ACTION.

UNDERSTANDING YOUR DEFENSES CONTINUED...

THE FEDERAL SCRA AND THE NEW YORK STATE SOLDIERS‟

AND SAILORS‟ RELIEF ACT PROVIDE SPECIAL RIGHTS TO ACTIVE

-DUTY MEMBERS OF THE ARMED FORCES, NATIONAL GUARD

AND RESERVISTS. HOMEOWNERS WHO ARE SERVING ACTIVE

MILITARY DUTY AND ARE FACING FORECLOSURE SHOULD AD-

VISE THEIR MORTGAGE LENDER, SERVICER AND THE COURT IN

WRITING, AND IMMEDIATELY SEEK ASSISTANCE FROM A JUDGE

ADVOCATE GENERAL (JAG) CORPS OR OTHER ATTORNEY.

THE DOCTRINE OF UNCLEAN HANDS IS A LEGAL THEORY THAT

PROTECTS THE INTEGRITY OF THE COURT SYSTEM. PLAINTIFFS

WHO HAVE COMMITTED FRAUD OR ABUSED THE LEGAL SYSTEM

IN ANY WAY RELATED TO THE SUBJECT OF THE LAWSUIT ARE

PROHIBITED FROM ENLISTING THE POWER OF THE COURT SYS-

TEM TO ASSERT A LEGAL RIGHT. IF YOUR LENDER ENGAGED IN

UNFAIR OR DECEPTIVE LENDING PRACTICES — FOR EXAMPLE,

FORGED YOUR SIGNATURE, DECEIVED YOU ABOUT THE TERMS

OF THE LOAN OR PRESSURED YOU INTO REFINANCING OR BOR-

ROWING MORE THAN YOU WANTED — YOU SHOULD USE THE

UNCLEAN HANDS DEFENSE.

THE FEDERAL TRUTH-IN-LENDING ACT (TILA) PROTECTS BOR-

ROWERS BY REQUIRING LENDERS TO DISCLOSE CERTAIN

“MATERIAL” INFORMATION, INCLUDING THE APR, THE PAY-

MENT SCHEDULE, THE AMOUNT FINANCED, AND THE RIGHT TO

RESCIND. FAILURE TO DISCLOSE MATERIAL INFORMATION

GIVES RISE TO THE BORROWER‟S RIGHT TO RESCIND THE LOAN.

AT ANY TIME WITHIN THREE YEARS OF THE EXECUTION OF THE

LOAN, THE BORROWER MAY EXERCISE THE RIGHT TO RESCIND/

CANCEL THE LOAN IF MATERIAL DISCLOSURES WERE NOT

MADE. IF YOUR LENDER FAILED TO MAKE MATERIAL DIS-

CLOSURES, INCLUDING INFORMING YOU OF YOUR RIGHT TO

CANCEL, AND IT HAS BEEN LESS THAN THREE YEARS SINCE

YOU SIGNED YOUR MORTGAGE, THEN YOU SHOULD USE THIS

DEFENSE TO THE FORECLOSURE ACTION.

UNDERSTANDING YOUR DEFENSES CONTINUED...

THE FAIR HOUSING ACT PROHIBITS DISCRIMINATION AGAINST

ANY PERSON IN THE TERMS, CONDITIONS OR PRIVILEGES OF

THE SALE OR RENTAL OF A DWELLING ON THE BASIS OF RACE,

COLOR, RELIGION, SEX, FAMILIAL STATUS OR NATIONAL ORI-

GIN. IF YOU QUALIFIED FOR A LOWER INTEREST-RATE OR A

LOAN WITH MORE FAVORABLE TERMS, BUT YOUR LENDER OF-

FERED YOU AN INFERIOR MORTGAGE BECAUE OF ONE OF THE

ABOVE BASES, SUCH DEALING WOULD VIOLATE THE FAIR

HOUSING ACT. IF YOU NOW SUSPECT THAT YOUR LENDER

DISCRIMINATED AGAINST YOU WHEN ISSUING YOUR LOAN,

YOU SHOULD RAISE THIS DEFENSE.

IF YOU PAID THE DEBT IN FULL, THEN THE LENDER CANNOT

FORECLOSE UPON YOUR PROPERTY. USE THIS DEFENSE IF

YOU HAVE PAID YOUR DEBT BUT YOUR LENDER HAS FAILED

TO ACKNOWLEDGE IT.

UNDER FEDERAL LAW, FILING FOR CHAPTER 7 OR CHAPTER 13

BANKRUPTCY PUTS AN AUTOMATIC STAY ON A FORECLOSURE

ACTION. THE LENDER CANNOT PROCEED WITH THE SUIT UNTIL

THE BANKRUPTCY HAS BEEN RESOLVED. USE THIS DEFENSE

IF YOU HAVE FILED FOR BANKRUPTCY AND ARE AWAITING A

RESOLUTION.

A COUNTERCLAIM IS AN ALLEGATION THAT A DEFENDANT

MAKES IN HIS OR HER ANSWER THAT THE PLAINTIFF, NOT THE

DEFENDANT, IS IN THE WRONG. A COUNTERCLAIM ASSERTS

THAT THE PLAINTIFF SHOULD COMPENSATE THE DEFENDANT

FOR A WRONG COMMITTED. NY GENERAL BUSINESS LAW

SECTION 349 PROTECTS CONSUMERS AGAINST DECEPTIVE BUSI-

NESS PRACTICES, WITHOUT REQUIRING PROOF OF INTENT TO

DEFRAUD. THE RECOVERY AMOUNT IS LIMITED, BUT IF

YOUR LENDER 1) ENGAGED IN A PRACTICE THAT WAS DE-

CEPTIVE OR MISLEADING AND 2) YOU WERE INJURED BY

THIS PRACTICE, THEN YOU SHOULD ASSERT THIS COUNTER-

CLAIM AGAINST THE PLAINTIFF.

UNDERSTANDING YOUR DEFENSES CONTINUED...

OTHER FACTS CONCERNING YOUR MORTGAGE,

YOUR HOME, OR OTHER DEFENSES:

THIS LAST SECTION, OTHER FACTS CONCERNING YOUR MORTGAGE, YOUR

HOME, OR OTHER DEFENSES (STARTING ON PAGE 2 AND CONTINUING ON TO

PAGE 3), SHOULD BE USED TO ADD ANY ADDITIONAL INFORMATION OR DE-

FENSES THAT YOU BELIEVE THE JUDGE SHOULD KNOW ABOUT YOUR CASE.

SOME EXAMPLES OF INFORMATION YOU MIGHT WANT TO INCLUDE ARE THE FOL-

LOWING:

YOU WERE PRESSURED INTO SIGNING THE MORTGAGE OR HOME PURCHASE

DOCUMENTS

YOU WERE DISCOURAGED FROM USING YOUR OWN ATTORNEY OR APPRAISER

OR OTHER INDEPENDENT ADVISOR

THE INTEREST RATE IS EXTREMELY HIGH OR HIGHER THAN YOU QUALIFIED

FOR GIVEN YOUR CREDIT HISTORY

YOU WERE CHARGED HIGH CLOSING COSTS OR FEES

YOU BELIEVE YOUR MORTGAGE BROKER, LENDER OR OTHER PERSON INTEN-

TIONALLY MADE FALSE STATEMENTS TO YOU

YOUR LOAN APPLICATION WAS FALSIFIED (YOUR INCOME WAS MISSTATED)

YOU WERE MISLED ABOUT WHAT YOUR TOTAL MORTGAGE AMOUNT,

MONTHLY STATEMENTS, OR INEREST RATE WOULD BE

YOU WERE TOLD THAT YOUR HOUSE WAS WORTH MORE THAN ITS ACTUAL

VALUE (FRAUDULENTLY OVER-APPRAISED)

OTHER INCIDENTS OR OCCUREENCES THAT YOU THINK MAY HAVE VIOLATED

YOUR LEGAL RIGHTS...

August 2010

Prepared by:

Western New York Law Center,

Pro Se Foreclosure Prevention Project

Largely based off of the document

“How To Answer A Foreclosure Complaint „Pro

Se‟ (Without An Attorney)” prepared by Legal

Aid Society of Queens, Legal Services for NYC,

South Brooklyn Legal Services, and Staten Is-

land Legal Services in March 2009, downloaded

here. (http://www.sbls.org/index.php?id=349)