- Who sends it
- The court, through a sheriff, marshal, process server or the lender's lawyer
- What it starts
- Your deadline to file a written answer or appearance
- Do this first
- Write down the date you were served and call legal aid or a lawyer
What this document is
In a judicial foreclosure the lender must sue you in court. The complaint (called a petition in some states) is the lawsuit. It says what the lender claims you owe and asks the court to order the home sold. The summons tells you that you are being sued, which court the case is in, and how long you have to respond.
Federal rules generally bar the lender from filing until you are more than 120 days behind. Some states also require a pre-foreclosure notice first. See notice of intent to foreclose.
What it does and does not mean
- It does not mean you have lost the home or must move. The lender still has to win the case, and a sale comes later.
- It does start a short deadline to respond in writing. If you miss it, the lender can ask for a default judgment.
- Talking to your servicer does not stop the deadline. File your response even while you are applying for help.
- If your servicer receives a complete loss mitigation application more than 37 days before a sale, it cannot move for judgment or a sale while it reviews you, while any appeal runs, and while you decide on an offer.
How many days you have to answer
Count from the day you were served, not the day the case was filed. Your summons states your exact deadline; if it differs from this list, follow the summons.
- 20 days: Delaware, Florida, Hawaii, Indiana, Iowa, Kentucky, Maine (the mediation request form counts as your answer), Oklahoma (usually), Pennsylvania and Wisconsin (after personal service).
- 20 or 30 days: New York (20 if the papers were handed to you, 30 if served another way).
- 21 days: District of Columbia, Kansas, North Dakota and Vermont.
- 28 days: Ohio.
- 30 days: Arkansas (court foreclosure), Illinois, Nebraska, New Mexico, South Carolina and South Dakota.
- 35 days: New Jersey.
- Connecticut: deadlines count from the return date on the summons; file your Appearance and Foreclosure Mediation Certificate within 15 days after it.
- Maryland: the case starts with an Order to Docket, not a summons. Watch for the loss mitigation affidavit and the 25-day mediation deadline.
- Louisiana: most foreclosures use executory process, and you are not served with a citation. You may first hear of it when the sheriff serves a notice of seizure.
In states that usually foreclose without a court, such as Montana and Wyoming, a lender can still choose to sue. If you are served, the deadline is just as real. A summons after a sale is usually an eviction case; see notice to vacate.
What to do this week
- Write down the date and how you were served. Keep every page, including any forms attached.
- Call legal aid or a foreclosure lawyer today. See your state's page and lawyers by city.
- File a written answer or appearance with the court by the deadline, and send a copy to the lender's lawyer as the summons says. Many court self-help centers have free forms.
- Look for a mediation or settlement conference notice in the papers and meet its deadline. See mediation notices.
- Send your servicer a complete loss mitigation application if you have not already, and keep proof.
- Go to every court date, even if you are working out a deal.
Scams tied to this lawsuit
Court filings are public. After you are sued, expect offers. Watch for:
- Anyone who asks for a fee before you have signed an agreement with your servicer. A company that is not your lawyer cannot charge for mortgage relief until then.
- Anyone who tells you to stop talking to your servicer, your housing counselor or your lawyer.
- Anyone who wants payment by wire, cashier's check or a payment app, or who asks you to sign over your deed.
- Anyone who says they are with the government or your lender without proof. Call the number on your own statement or letter to check.
A lawyer licensed in your state who represents you is different from a "foreclosure consultant". Check a lawyer's license with your state bar. See foreclosure rescue scams.
How much time do you have? It depends on your state.
See the foreclosure timeline, deadlines and free local help for the state where the home is.
Common questions
What if I already missed the deadline to answer?
Act today. Call legal aid or a lawyer right away and ask whether you can still respond or ask the court to set aside a default. Go to any hearing you are told about, and keep working on your loss mitigation application.
Does it cost money to answer?
Some courts charge a filing fee. Ask the clerk whether there is one and how to ask for a waiver if you cannot afford it. Legal aid can help you with the forms.
If I file an answer, can I still get a loan modification?
Yes. Answering protects your right to be heard. You can keep applying for loss mitigation and use court mediation at the same time.
Keep reading
- Late notice and early intervention letterThis letter is a warning, not a foreclosure. Federal rules make your servicer reach out early and tell you about help. In most cases a foreclosure cannot start until you are more than 120 days behind, so this is the best time to act.
- Breach letter (demand or notice of intent to accelerate)A breach letter says you are in default and gives you a date to catch up. If you do not, the lender can call the whole loan due and move toward foreclosure. Many standard mortgages and deeds of trust require at least 30 days to cure.
- Notice of defaultIn many states that foreclose without a court, a recorded notice of default is the official start of the foreclosure. It is not a sale and not an eviction. It starts a waiting period before a sale can be set, and you can usually still catch up or apply for help.
- Notice of intent to forecloseMany states make the lender send a warning letter before it can start a foreclosure. These letters often give you a set number of days, a cure amount and a list of free counselors. The deadline in the letter matters, so act on it now.
- Lis pendens (notice of pendency)A lis pendens is a public notice, filed in the land records, that a lawsuit or foreclosure affecting your home is pending. It does not mean the home is sold or that you must move. It usually means the court papers are coming or have already been served.
- Notice of trustee's saleA notice of sale sets the date, time and place your home will be auctioned. It is serious, but it is not the end. You may still be able to catch up, get a review, use mediation or file bankruptcy, and each of those has its own cutoff.