Verified Answer to Foreclosure Complaint
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Gordon SchumwayVerified Answer to Foreclosure Complaint
Uploaded by
Gordon Schumway- Verification
- Verified Answer to Complaint
SAMPLE ONLY
STATE OF ILLINOIS ss:
COUNTY OF COOK
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
1 (insert the name of mortgage company),
Name of mortgage company - Plaintiff
v. No. (insert case number)
(insert your name)_________________,
Name of homeowner(s) - Defendant(s)
VERIFIED ANSWER TO COMPLAINT TO FORECLOSE MORTGAGE
2 To (Plaintiff’s Attorney): (write in the name of the attorney for the mortgage
company here)
NOW COMES the Defendant(s), (insert your name here), Pro Se, and in
response to the Complaint to Foreclose Mortgage, states as follows:
1. I/WE admit Paragraph(s) (list paragraph numbers from the complaint that
you agree with here) of the Complaint to Foreclose Mortgage.
2. I/WE deny Paragraph(s) (list paragraph numbers from the complaint that you
do not agree with here) of the Complaint to Foreclose Mortgage.
3
3. I/WE have insufficient information with which to admit or deny Paragraph(s)
(list paragraph numbers that you do not have enough information to answer
here) of the Complaint to Foreclose Mortgage and therefore neither admit
nor deny said allegations but demand strict proof thereof.
4. Other affirmative matter: (insert any reasons that may excuse or defend why
you have not paid your mortgage that were not listed in the complaintpaid
your mortgage that were not listed in the complaint
SAMPLE ONLY (page 2- Answer )
WHEREFORE, the Defendant(s), (insert your name here) ask this
Honorable Court to deny the relief requested by the Plaintiff.
Signature (sign your name here)
5
Signature __________________
VERIFICATION
I/We certify under penalty of perjury as provided by law pursuant to 5/1-109
of the Illinois Code of Civil Procedure, that I/we have read the foregoing
Verified Answer to Complaint and the statements set forth therein are true
and correct.
6
Signature (sign your name here)
Signature _________________
Name: (insert all of your contact information here)
Address: ______________________________________________
7 City/State/Zip: __________________________________________
Telephone: ____________________________________________
Pro Se
Common questions
Powered by AIIn the 'Other affirmative matter' section, a defendant might include reasons relating to procedural errors by the plaintiff, issues with the mortgage agreement, or personal circumstances like financial hardship leading to non-payment. Arguing that the mortgage company failed to provide necessary notices or violated statutory procedures can be potent defenses. Each affirmative matter provides a unique angle to counter the plaintiff's claims and must be substantiated appropriately to be effective in court .
If a defendant fails to structure their Verified Answer appropriately, there is a risk of accidentally admitting to allegations they intended to contest, potentially weakening their defense. Moreover, incorrect or omitted denial of allegations can result in these being taken as admitted facts by the court, which could lead to unfavorable legal outcomes such as losing the case by default .
A defendant can structure their denial by explicitly listing the paragraph numbers from the complaint that they do not agree with. They should clearly state the denial in their response to the foreclosure complaint, making a distinction between admissions, denials, and claims of insufficient information, which should all be separately listed .
The verification signature serves as an attestation by the defendant that the statements in the response are true and correct, subject to penalties for perjury. It provides legal weight to the defendant's claims and ensures that the court can rely on the honesty and accuracy of the presented information .
A pro se defendant can effectively represent themselves by strictly adhering to the document's guidelines. They should ensure a structured response by clearly admitting, denying, or requesting proof of allegations. Using plain language, detailing affirmative defenses, and ensuring formal verification underscore credibility and confidence before the court. This disciplined approach helps offset the challenges of self-representation, allowing defendants to compellingly present their case without legal counsel .
The process reflects 'due process' by allowing the defendant to respond to each allegation with admissions, denials, or requests for proof, ensuring that they are given a fair opportunity to hear and contest the legal claims against them. This structured response system ensures that all parties have the chance to present their case, aligning with the core tenets of due process such as fair notice and hearing .
A defendant responding to a mortgage foreclosure complaint should admit to paragraph(s) of the complaint they agree with, deny paragraph(s) they do not agree with, and state when they have insufficient information to admit or deny paragraph(s), demanding strict proof thereof. Additionally, they can provide other affirmative matters to excuse or defend against the non-payment of the mortgage. Finally, they should sign the verification claiming that the statements in their response are true and correct under penalty of perjury .
If a homeowner has inadequate information to address some allegations in a foreclosure case, they should neither admit nor deny those allegations but instead demand strict proof thereof. This position shifts the burden to the plaintiff to provide evidence for those claims. This strategy can protect the homeowner from inadvertently admitting allegations due to insufficient information .
The language used by a pro se defendant is critical as it directly influences how effectively their arguments and rebuttals are communicated to the court. Precise admissions, denials, and requests for strict proof as outlined ensure clear communication of the defendant's position. Misuse or unclear articulation can lead to misunderstandings or unintended admissions. The document's guidance helps avoid these pitfalls by providing a structured approach to responding .
Verification is important because it affirms that the statements made in the response are true and correct, thereby holding the defendant accountable under penalty of perjury. This process is supported by 5/1-109 of the Illinois Code of Civil Procedure, which requires the defendant to certify under penalty of perjury that the contents of the Verified Answer are accurate .
