Legal Question in Real Estate Law in Illinois

Re: foreclosure summons

An answer is a line by line admit or deny of the foreclosure petition. If you do nothing eventually you will be found in default and a judgment would be entered against you.

Re: foreclosure summons

That is file and Answer -and- Appearance.

The appearance introduces you to the court. In Cook County this will cost $163 unless you qualify for a fee waiver. Filing an Appearance will also cause mailings from the Plaintiff's attorney to be sent to you.If, at any time after this, you wish to communicate with the court you will have to ask the judge for permission to file an Appearance. They do not have to grant this request.

An Answer is your response to the allegations in the complaint. If you do not file an answer to all the allegations, listed in numbered paragraphs in the Complaint, the allegations will be taken as if you agree to everything in the Complaint. If you discover something in the Complaint later on that you disagree with you can't say anything until you have filed an Appearance and Answer.

If you do not file an Appearance or Answer, the Plaintiff's counsel will ask for, and get, a default judgment against you - this is the same as pleading "no contest" in a criminal case.

You just need your name address, and telephone number to file an Appearance. Strictly speaking you do not need any information to Answer the Complaint. You simply agree or disagree to each of the allegations.

If you don't file you are telling everyone you don't care what happens.

If you live in Cook County you can visit the Chancery Division Help Desk in Room 1303 of the Daley Center for help doing this.

Re: foreclosure summons

It's best to file at least an Appearance; but it's usually a good idea to file an Answer or other "pleading" as well. For example, their amounts due may be incorrect and you won't be able to contest it if you don't file an Answer or what's called an Affirmative Defense or Counterclaim and force them to prove the amount due. My advice, not surprisingly, is to retain an attorney to help you with these procedures.

Just so you know, under most circumstances you'll get at least 7 months from the day you were served with foreclosure papers before you have to move out, and you'll probably get significantly more time than that. So don't be worried that your stuff will be out on the street next week or something. But to be sure your rights are protected, talk to an attorney. Good luck!

Re: foreclosure summons

1. Need to know when and if you can catch up on the mortgage; also need to know if the lender did nayything wrong when they gave you the mortgage.

2. If you do nothing you will be evicted 7 months after you were served.

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