In an answer to a foreclosure case, do I have to file the answer in court or mail to the plaintiff’s attorney?

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In an answer to a foreclosure case, do I have to file the answer in court or mail to the plaintiff’s attorney?

I am paying the requested amount so I wish to include in my answer that the

plaintiff should be denied the right to foreclose on my property, on the basis that I have mailed the payment requested. Do I even have to file the answer? This is a judicial foreclosure.

Asked on February 11, 2017 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You have to file the answer in court and also send it to the plaintiff's attorney. Once a complaint is filed and served on you, if you fail to file an answer, you will lose by default, even if you have a good defense.


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