- Who sends it
- The lender's lawyer, served on you by a sheriff or other officer
- What it starts
- 21 calendar days to file a verified answer, according to VTLawHelp
- Do this first
- Call Legal Services Vermont at 800-889-2047, then fill out the Verified Answer and the mediation request
What these papers are in Vermont
Vermont does not allow foreclosure without a court case for a dwelling house owned by a person (12 V.S.A. § 4961). The lender files in the Civil Division of the Superior Court for the county where the home is, and the case is heard by a judge with no jury (12 V.S.A. § 4932(a), (d)).
Under Vermont's court rule for foreclosure cases (V.R.C.P. 80.1(b)(3)), the Important Notice to Homeowner form must be on top, in two copies, with a blank Verified Answer form and a Notice of Appearance form. If you live in the home and it has 4 or fewer units, the lender must also serve two copies of a notice of your mediation rights with a form to request mediation (12 V.S.A. § 4632(c), (d)).
The lender files a copy of the complaint with your town clerk, who notes it next to your mortgage in the land records (12 V.S.A. § 4932(b)). That is public notice that the case is pending.
For how this kind of document works in every state, see the national guide: Foreclosure summons and complaint.
What it does and does not mean
- It is not an eviction and not a sale date. For a home you live in, no sale can happen within 7 months after you are served, unless the court shortens the redemption period or you agree (12 V.S.A. § 4946(b)).
- The court can order either a strict foreclosure, where the lender takes title without a sale, or a foreclosure by judicial sale. Strict foreclosure is allowed only if the court finds there is no substantial value in the home beyond the debts and unpaid taxes, and any party can ask for a sale instead (12 V.S.A. § 4941(b), (c)).
- The answer must be verified: signed under a statement that it is true, or the court may enter a default, VTLawHelp says. The court's form (100-00034) includes that statement.
- You must list your defenses in the answer. The court's form warns that if you do not list any legal defenses, you may lose by default.
- If the lender gets a default judgment, VTLawHelp says you will not get a notice that it asked for one. You can still ask for mediation after a default.
The deadline it starts and how to count it
- Answer: VTLawHelp says you must file a written answer within 21 calendar days of when you received the complaint. Count from the day the officer handed you the papers.
- File the answer with the court, serve a copy on the lender's lawyer, and file a Certificate of Service (form 600-00264) saying how you did it, as the court's form explains.
- Mediation: you can ask any time up to 4 months after judgment and before the redemption period ends, but ask now. Mediation does not stop the redemption clock (12 V.S.A. § 4632(a), (b)).
- Federal rules generally bar the lawsuit until you were more than 120 days behind (12 C.F.R. § 1024.41(f)). If you send a complete loss mitigation application now, the servicer generally cannot move for judgment while it reviews it (12 C.F.R. § 1024.41(g)).
See how long foreclosure takes in Vermont for the full timeline.
What to do this week
- Write down the date you were served and the 21st day after it.
- Fill out the Verified Answer, Foreclosure Case form. For each numbered paragraph of the complaint, write agree, disagree or don't know. List any defenses, such as that you are not behind or the lender does not have the right to foreclose. Sign the verification.
- Fill out the mediation request form and file it with the court at the same time.
- If you think your home is worth more than you owe, ask a lawyer about requesting a public sale instead of strict foreclosure, so any equity goes to you.
- Read how to stop foreclosure in Vermont.
Free help in Vermont and scam warnings
The Vermont Judiciary tells homeowners who are sued to talk to a lawyer right away and to call Legal Services Vermont at 800-889-2047 or fill out its online form. VTLawHelp has the answer form and guides. The court's Access and Resource Center answers questions about forms at 802-879-1185. See the Vermont foreclosure help page.
- The complaint is filed in the town land records, and companies watch those filings. VTLawHelp warns about mailings that ask Vermonters in foreclosure to pay a law group for modification help.
- The lender pays the required mediation costs (12 V.S.A. § 4637(b)), though it may later recover some of them. You do not need to pay a company to request mediation.
- Never sign over your deed to someone who promises you can stay. Report scams to the Vermont Attorney General.
The rest of the Vermont process
See how foreclosure works in Vermont, the timeline, ways to stop it and free help in Vermont, or read the national guide to this letter.
Common questions
How long do I have to answer a Vermont foreclosure complaint?
VTLawHelp, run by Vermont Legal Aid and Legal Services Vermont, says 21 calendar days from when you received the complaint. The answer must be in writing, respond to each paragraph and be verified with your signature.
Can my Vermont home be sold quickly if I do not answer?
A home you live in as your main residence cannot be sold within 7 months after service of the complaint, unless the court shortens the redemption period or you agree (12 V.S.A. § 4946(b)). But not answering can lead to a default judgment, so file your answer.
What is strict foreclosure in Vermont?
It is a judgment that gives the lender title without a public sale if you do not redeem. The court can order it only if there is no substantial value in the home beyond the debts and unpaid taxes, and any party can ask for a sale instead (12 V.S.A. § 4941).
Other Vermont letters
- Notice of Mediation Rights and Request for Mediation formIf you live in your Vermont home and it has 4 or fewer units, the lender must serve you a notice of your mediation rights with a form to ask the court for mediation. When you ask in time, the court must send the case to a neutral mediator who is a Vermont lawyer. The lender has to review you for options like reinstatement, modification, forbearance and short sale, and explain any denial.
- Final Judgment Order and Decree of ForeclosureThe Final Judgment Order and Decree of Foreclosure says the lender won and states the total you owe and the date your redemption period ends. For a home you live in, that is usually 6 months from the decree unless the court orders less. You can stay in the home and keep it by paying the judgment amount before redemption ends, or before any public sale.
- Notice of SaleIn a Vermont judicial sale foreclosure, the notice of sale gives the date, time and place of the auction of your home. It is mailed after your redemption date has passed and at least 30 days before the sale, and it runs in a local newspaper for 3 weeks. The notice itself says you can still redeem before the sale by paying the full amount due plus sale costs.
- Report of Sale and Request for ConfirmationAfter the auction, the lender files a sworn report of the sale with an accounting of the money and asks the court to confirm the sale. It must mail you a copy. Title passes to the buyer when the confirmation order is recorded, any surplus is paid out under that order, and the lender must ask for any deficiency before the order issues.
- Writ of PossessionOnce your redemption period ends, the lender can ask the court for a writ of possession. For a home you live in, the clerk issues it only with the court's approval. A sheriff serves it on you and cannot put the new owner in possession until at least 14 days later.