What happens if I don’t respond within 20 days to a foreclosure lawsuit that was filed against me?

Posted by Katherine R. Kyle | Jan 24, 2022

What happens if I don't respond within 20 days to a foreclosure lawsuit that was filed against me?

If you fail to respond by failing to file an answer or other valid written response to the foreclosure complaint, you will be defaulted.  This means the court will enter a default against you and you will lose your rights to file anything else and the bank will proceed with the foreclosure and take your house. 

Many people think they do not need an attorney and will send in their explanation to the court of why they are behind on their mortgage and inform the lender they will start making payments now.  They think this is an appropriate response and the judge will understand their situation and their home will be saved.  This is not true and can cost you your home.  Also, the lender will not just start accepting your payments.  Instead, the lender will return any payments you try to make on the loan.

The problem is the explanation you may send in does not contain valid legal defenses that will stop the foreclosure.  An experienced foreclosure defense attorney knows the law and understands the appropriate legal defenses that can defend your case legally in court. 

In short, you must understand the law including the statutes, case law, and legal tactics to properly defend your case in court and actually save your home.  Now you are probably thinking you may be able to find some valid defenses on Google and you will use them to respond.  The problem with this is, the attorney for the lender will likely strike your defense(s) and win.  You not only need to know the law, you must also know how to respond to the opposing counsel's motions filed with the court and be able to argue at hearings.

Don't make the mistake of trying to attempt your legal defense on your own.  You only have 20 days to respond or you will waive your rights to fight your foreclosure. 

Many homeowners give up after receiving the foreclosure lawsuit and think their situation is hopeless.  Your situation is not hopeless!  Call Kyle & Kyle Law at 877-595-3529 for a free consultation and let us help you understand your options, next steps, handle your case in court, and fight to protect your home against the lender.  We care about you and your future and are here to help.

Call us 24/7 365 at 877-595-3529.

About the Author

Katherine R. Kyle

Katherine grew up in the beautiful mountains of Western North Carolina in the small town of Sylva.  At the age of nine her parents were divorced, and it was then that she aspired to pursue a career as an attorney.  After high school, Katherine attended Western Carolina University in Cullowhee, ...

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