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
THIS GUIDE IS DESIGNED TO HELP YOU FILE AN ANSWER. IT SHOULD NOT REPLACE FINDING A NON-PROFIT FORECLOSURE PREVENTION ATTORNEY TO ASSIST YOU. IN ERIE COUNTY, DIAL 716-855-0203 AND YOU WILL HAVE THE OPPORTUNITY TO SPEAK WITH AN ATTORNEY AT NO COST. Why is it important to file an Answer?
Disclaimer: This pamphlet and the Sample Answer that it serves If you have received a Foreclosure Summons and Comto explain are not to be construed as legal advice. plaint, you have the right to serve and file an Answer to Both documents should be used only as sources of the Complaint pro se. This will guarantee that you relegal information, not as replacements for legal adceive notice of all future actions in the court case, and vice or representation. may help preserve your legal rights. If you don‟t file an Answer, the judge will enter a default 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 Answer.
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
BASICS What is Foreclosure?
TIPS FOR PRO SE LITIGANTS: BE PERSISTENT AND ANSWER In New York State, a foreclosure is a lawsuit against a mortALL REQUESTS FROM THE gage borrower (person who uses their home or other real property as collateral for a loan to purchase that property) filed by COURT AND MAKE EVERY APthe lender (person or institution that provided a loan that is sePEARANCE DATE. 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.
KEEP COPIES OF ALL COURT DOCUMENTS (INCLUDING THE ANSWER AND AFFIDAVIT OF SERVICE) FOR YOUR RECORDS.
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 WHEN YOU USE THE U.S. POSTAL without a lawyer.
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.
SERVICE TO MAIL IMPORTANT DOCUMENTS, SEND IT CERTIFIED MAIL SO YOU HAVE A RECORD THAT PROVES YOU SENT THE ITEM IN QUESTION. SEE PAGE 8 FOR AN EXAMPLE OF A CERTIFICATE OF MAILING.
SAMPLE SUMMONS
FILLING OUT THE ANSWER
THIS SAMPLE FORECLOSURE SUMMONS SHOWS THE
BELOW IS AN IMAGE OF THE SAMPLE ANSWER FROM WNYLC’S
INFORMATION YOU NEED TO COPY TO YOUR ANSWER
PRO SE FORECLOSURE PREVENTION PROJECT. THE FOLLOWING PAGES WILL WALK YOU THROUGH HOW TO FILL IT OUT.
STEP 1: FILL IN THE TOP PART OF THE SAMPLE ANSWER BY COPYING 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
STEP 3: CHECK OFF ANY OF THE DEFENSES* AND COUNTERCLAIMS LISTED THAT YOU BELIEVE APPLY TO YOUR SITUATION.
PAGES 10 THROUGH 13 OF THIS PAMPHLET EXPLAIN WHAT EACH DEFENSE MEANS IN MORE DETAIL.
SPECIFICALLY DENYING ANY ALLEGATION, BUT IT WILL BE
*A DEFENSE IN A CIVIL CASE IS A THEORY THAT SUPPORTS
ADEQUATE IN THIS INSTANCE SINCE YOU DO NOT HAVE A
THE ASSERTION THAT THE LAWSUIT IN QUESTION SHOULD
LAWYER.
BE DECIDED IN YOUR FAVOR.
A GENERAL DENIAL DOES NOT PRESERVE ANY OF
THE AFFIRMATIVE DEFENSES NOR IS IT A SUBSTITUTE FOR CLAIMING OTHER DEFENSES AND COUNTERCLAIMS.
FILLING OUT THE ANSWER CONTINUED...
STEP 3 CONTINUED...: LOOK AT THE “UNDERSTANDING YOUR DEFENSES” SECTION OF THIS PAMPHLET FOR AN EXPLANATION OF EACH DEFENSE.
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.
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 NOTARIZE THE FORM.
SERVING THE ANSWER ON THE OPPOSING COUNSEL 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 COPIES OF THE COMPLETED, SIGNED, NOTARIZED ANSWER. KEEP THE FIRST COPY FOR YOUR OWN RECORDS. SERVE (SEE EXPLANATION BELOW) THE SECOND COPY ON THE PLAINTIFF’S ATTORNEY, 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
FINAL PAGE OF SUMMONS
xxxxxxxxxxxxx
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-
$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 MATELY
THE PERSON MAY ALSO SERVE THE PLAINTIFF’S ATTORNEY IN PERSON BY ACTUALLY GOING TO THE ATTORNEY’S OFFICE.
CERTIFICATE OF MAILING
FILING WITH THE CLERK’S OFFICE
STEP 9: THE PERSON WHO SERVED THE VERIFIED ANSWER MUST SIGN AN “AFFIDAVIT OF SERVICE” IN FRONT OF A NOTARY PUBLIC. HERE IS AN EXAMPLE OF AN AFFIDAVIT OF SERVICE. YOU CAN DOWNLOAD ONE HERE.
THIS MUST BE SIGNED AND STAMPED BY A NOTARY.
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, LOCATED 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 RESORT, YOU MAY CONTACT THE CLERK’S OFFICE AT 716-8587766 AND REQUEST SPECIAL PERMISSION TO SEND YOUR ORIGINAL ANSWER TO THEM BY CERTIFIED MAIL, THOUGH IT IS LIKELY THAT IT WOULD NOT BE PROCESSED IN TIME TO AVOID DEFAULT.
UNDERSTANDING YOUR DEFENSES TO THE FORECLOSURE ACTION FILLING OUT THIS ANSWER ON YOUR OWN SHOULD BE A LAST RESORT. PLEASE CONTACT A FORECLOSURE PREVENTION ATTORNEY AT WESTERN NEW YORK LAW CENTER BEFORE YOU RELY ON THIS PAMPHLET AS YOUR SOLE SOURCE OF LEGAL INFORMATION.
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 SUMMONS 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 MODIFICATION 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 FORECLOSURE 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 MORTGAGE AND NOTE,” OR: “THE OWNER AND HOLDER OF THE SUBJECT MORTGAGE AND NOTE HAS GIVEN PLAINTIFF THE LEGAL RIGHT TO FORECLOSE.”
YOU MAY ALSO RAISE THIS DE-
FENSE IF THE STATEMENT IS IN THE COMPLAINT BUT YOU BELIEVE 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.
UNDERSTANDING YOUR DEFENSES CONTINUED... 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 FORECLOSURE” 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 PREFORECLOSURE 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. STATE
THE NOTICE MUST “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 PREFORECLOSURE INFORMATION FORM WITH THE SUPERINTENDENT 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 SUPERINTENDENT 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 ADVISE 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 SYSTEM 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 BORROWING MORE THAN YOU WANTED
— YOU SHOULD USE THE
UNCLEAN HANDS DEFENSE.
THE FEDERAL TRUTH-IN-LENDING ACT (TILA) PROTECTS BORROWERS BY REQUIRING LENDERS TO DISCLOSE CERTAIN
“MATERIAL” INFORMATION, INCLUDING THE APR, THE PAYMENT 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 ORIGIN.
IF YOU QUALIFIED FOR A LOWER INTEREST-RATE OR A
LOAN WITH MORE FAVORABLE TERMS, BUT YOUR LENDER OFFERED 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 USE THIS DEFENSE
THE BANKRUPTCY HAS BEEN RESOLVED.
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. SECTION
NY GENERAL BUSINESS LAW
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 DECEPTIVE OR MISLEADING AND 2) YOU WERE INJURED BY THIS PRACTICE, THEN YOU SHOULD ASSERT THIS COUNTERCLAIM AGAINST THE PLAINTIFF.
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 DEFENSES THAT YOU BELIEVE THE JUDGE SHOULD KNOW ABOUT YOUR CASE. SOME EXAMPLES OF INFORMATION YOU MIGHT WANT TO INCLUDE ARE THE FOLLOWING:
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 INTENTIONALLY 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 Island Legal Services in March 2009, downloaded here. (http://www.sbls.org/index.php?id=349)