Q. I have just been served with a Summons and Foreclosure Complaint. What do I do?
A. Respond in Writing and/or Serve and file an Answer and Affirmative Defenses within 20 days of service.

Q. If I do nothing, what will happen?
A. A Default and Default Judgment will be entered, and the Clerk of the Court will auction your property, usually within 25 to 30 days from entry of a Default Judgment.

Q. After the property is auctioned by the Court Clerk, do I have to get out?
A. Yes.

Q. How much time do I have?
A. As little as 12 days.

Q. If I don’t move out, what will happen?
A. The Sheriff’s office will physically evict you and remove you and your personal effects from the property.

Q. What can I do?
A. Unless you are familiar with legal proceedings and applicable law, it’s best to get an experienced and knowledgeable lawyer, without delay.

Q. What can an experienced and knowledgeable lawyer do?
A. File an answer containing Affirmative Defenses, if any.

Q. In the Answer, is a denial of the Plaintiff’s Complaint all I need to do?
A. Usually not. Your attorney must state all Affirmative Defenses, otherwise they may be waived.

Q. What are Affirmative Defenses?
A. They are special defenses which must be specifically alleged, such as truth-in-lending violations, usury, fraud and other specific types of improper conduct by the lender, which may defeat or partially defeat the lender’s claims.

BUT YOU MUST ACT IMMEDIATELY! An attorney only has 20 days from the date you received a foreclosure summons to stop your lender from applying for a "procedural default" will prevent you from asserting your rights in state court.

You have the right to require your lender to produce documents and information in their possession and control, which may benefit you.