Tuesday, June 19, 2012

How to File an Answer to a VA Loan Foreclosure Complaint

By Owen E. Richason IV

If you are a homeowner with a Department of Veteran's Affairs (VA) mortgage and fall behind in payments, the VA may begin foreclosure proceedings. In states that allow or favor judicial foreclosure--meaning that the VA or lender must file a lawsuit in court--you will receive "service," or a copy of the complaint, either by a private process server or sheriff's deputy. By law, you have an opportunity to answer this complaint.

Read the complain carefully. States differ in their jurisdictional requirements to answer a civil complaint. In general, the defendant will have 20 days to file an answer. The time frame in which to file an answer must be listed in the complaint along with the plaintiff's name and attorney, the court in which the case was filed and instructions for filing an answer.

Draft your answer to the VA's complaint. Using the complaint, create a document that copies the language at the top of the complaint. Copy the heading that lists the court of jurisdiction, the plaintiff's name, your name and the case number. Below the listing of the parties, title your answer to the complaint, "Defendant's Answer," or "Defendant's Answer and Affirmative Defenses." Deny each of the numbered allegations made by the plaintiff.

File your answer. Go to the clerk of the court's office listed on the top of the complaint and file your answer. You may wish to visit the court's self-help center or law library to compare your answer to standardized lawsuit pleadings. Most clerk's offices will have a pro-se or self-help center available to assist individuals without legal counsel.

Send a copy to the VA's attorney. The VA's foreclosure complaint will have the name, address and bar number of the attorney who drafted and signed the complaint. Make two copies of the original. Mail one copy via First Class mail to the plaintiff's attorney, while keeping the other copy for your records.


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