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SUPREME COURT OF THE STATE OF NEW YORK (NYS Unified Court System Division of Technology)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ____________________
Plaintiff, Index No.
___________________
v.
VERIFIED ANSWER TO
FORECLOSURE COMPLAINT
Defendant(s).
Defendant answers as follows:
I generally deny each allegation of the Complaint, including that Plaintiff is the owner of the
note and mortgage.
I plead the following Defenses and Counterclaims:
□ Lack of Standing: Plaintiff, upon information and belief, does not own the note and
mortgage. Plaintiff therefore does not have standing to sue because it was not the legal
owner of the note and/or mortgage at the time it commenced this foreclosure lawsuit.
□ Foreclosure Cause of Action: Plaintiff, upon information and belief, does not own the note
and mortgage. Because ownership of the note and mortgage is an element of a foreclosure
cause of action, Plaintiff has no right to foreclose.
□ Statute of Limitations (NY Civil Practice Law and Rules § 213(4)): Upon information and
belief, Plaintiff may not sue on all or part of the mortgage debt because Plaintiff commenced
this action more than six years after the debt became due.
□
Additionally, the entire foreclosure action is time-barred by the statute of limitations
because Plaintiff commenced this action more than six years after it accelerated the
mortgage debt. Defendant requests that the mortgage be cancelled and discharged
pursuant to NY Real Property Actions and Proceedings Law § 1501(4).
□ Service of Process (NY Civil Practice Law and Rules § 308):
I was not properly served with
process in this action for the following reason(s):___________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
2
□ Notice of Default: Plaintiff failed to comply with the requirements for the notice of default in
my mortgage loan agreement, a condition precedent to this foreclosure action.
□ Reverse Mortgage--Notice Requirements: Plaintiff failed to comply with the notice
requirements under New York and/or federal law or failed to comply with contractual
requirements of the reverse mortgage, which are conditions precedent to this foreclosure
action.
□ Reverse Mortgage—Failure to Specify Alleged Default: The complaint is vague and does
not specify the alleged default and/or the amount(s) plaintiff claims in this action.
□ Reverse Mortgage—Foreclosure on a Reverse Mortgage for Property Charge Defaults
is Against Public Policy: The purpose of reverse mortgage loans under the Home Equity
Conversion Mortgage (“HECM”) program is to assist senior citizens to stay in their homes,
and reverse mortgage lenders have other remedies in the event of alleged failure to pay
property charges. Plaintiff, accordingly, as a matter of equity and public policy, should not be
permitted to foreclose.
□ 90-Day Notice Requirement (NY Real Property Actions and Proceedings Law § 1304):
Plaintiff failed to comply with the requirements of NY Real Property Actions and
Proceedings Law § 1304, a condition precedent to this foreclosure action.
□ 90-Day Notice Filing Requirement (NY Real Property and Proceedings Law § 1306):
Plaintiff failed to comply with the requirements of NY Real Property and Proceedings Law §
1306, a condition precedent to this foreclosure action.
□ Help for Homeowners in Foreclosure Notice Requirement (NY Real Property Actions
and Proceedings Law
§
1303): Plaintiff failed to comply with the requirements of NY Real
Property and Proceedings Law § 1303, a condition precedent to this foreclosure action.
□ Pending Foreclosure Action (NY Real Property Actions and Proceedings Law
§
1301):
Plaintiff impermissibly commenced this action because there is a prior pending action to
recover all or part of the mortgage debt.
□
Real Estate Settlement Procedures Act Early Intervention Requirement (12 C.F.R. §
1024.39): Upon information and belief, Plaintiff violated the early intervention requirements
of the Real Estate Settlement Procedures Act because (check one or both if applicable):
□ Within 36 days of my delinquency, the loan servicer did not attempt to establish live
contact with me to inform me about the availability of loss mitigation options.
□
Within 45 days of my delinquency, the loan servicer did not send me a written notice
that included contact information for the servicer, a description of loss mitigation
options available from the servicer, information about applying for loss mitigation,
and a website listing housing counselors.
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□
Real Estate Settlement Procedures Act Pre-Foreclosure Review Requirement (12 C.F.R.
§ 1024.41): Plaintiff impermissibly filed this foreclosure during the pre-foreclosure review
period because
(check one or both if applicable):
□ Plaintiff commenced this action before my loan was more than 120 days delinquent.
□
I submitted a complete loss mitigation application to my loan servicer but Plaintiff
commenced this action (1) before the loan servicer made a decision on that
application, (2) before the time period to appeal the loan servicer’s decision lapsed, or
(3) before the loan servicer made a decision on an appeal I submitted in connection
with the loss mitigation application.
□ FHA Pre-Foreclosure Requirements: My loan is insured by the Federal Housing
Administration. Upon information and belief, the loan servicer/mortgagee has not complied
with regulations of the Department of Housing and Urban Development because the loan
servicer/mortgagee did not do one or more of the following (check all that are applicable):
□ Send me a notice of default before the end of the second month of my delinquency
(24 C.F.R. § 203.602).
□ Attempt to arrange a face-to-face interview with me before three full monthly
installments due under the mortgage were unpaid (24 C.F.R. § 203.604).
□ Evaluate me for loss mitigation before four full monthly installments due under the
mortgage were unpaid (24 C.F.R. § 203.605).
□ Wait until three full monthly installments due under the mortgage were unpaid before
commencing this foreclosure action (24 C.F.R. § 203.606)
□ Certificate of Merit Requirement (NY Civil Practice Law and Rules § 3012-b): Upon
information and belief, Plaintiff failed to comply with the Certificate of Merit requirements of
NY Civil Practice Law and Rules § 3012-b.
□ Request for Judicial Intervention (
NY Codes, Rules and Regulations Title 22, §
202.12-
a(b)): Upon information and belief, Plaintiff did not file a Request for Judicial Intervention.
□ Attorney’s Fees (NY Real Property Law § 282): If I retain counsel, I am entitled to recover
my attorney’s fees in defending this action pursuant to New York Real Property Law § 282.
□ Excessive Interest and Fees (NY Civil Practice Law and Rules § 3408(f)): In a prior
foreclosure action, Plaintiff failed to negotiate in good faith pursuant to CPLR 3408(f). This
failure to negotiate in good faith has caused excessive interest and fees to accrue which
Plaintiff, as a matter of equity and by operation of the CPLR, is not entitled to recover.
□ Excessive Interest (NY Civil Practice Law and Rules § 5001(a)): Plaintiff has unreasonably
delayed filing this action, failed to file the Request for Judicial Intervention or engaged in
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other dilatory conduct causing excessive interest to accrue which the Court may reduce or
toll, as a matter of equity and by operation of the CPLR.
□ Action Commenced Against a Deceased Party: This action is a nullity because it was
commenced against Defendant ______________________ after that party was already
deceased and before a personal representative was appointed and it should therefore be
dismissed.
□ Payment or Partial Payment: I have paid, in whole or in part, the amounts claimed by
Plaintiff.
□ Other Defenses or Counterclaims (attach additional pages if needed):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Wherefore, Defendant requests that the Complaint be dismissed; that the relief requested
by Defendant be granted in its entirety; that Defendant be granted costs and attorneys’ fees if he
5
or she retains counsel; and any other relief allowed by law deemed just and proper by this Court
in the exercise of its equity jurisdiction in this foreclosure action.
Dated: ________________, 20______
________________, New York
__________________________________________, Defendant Pro Se
(Defendant’s Signature)
__________________________________________
(Defendant’s Name)
__________________________________________
(Defendant’s Address)
__________________________________________
(Defendant’s Address)
__________________________________________
(Defendant’s Telephone Number)
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6
VERIFICATION
I, __________________________________________, being duly sworn, state that the within
Answer is true to the best of my knowledge, except as to those matters alleged upon information
and belief, which I believe to be true
__________________________________________
(Defendant’s Name)
__________________________________________
(Defendant’s Signature)
Sworn to and subscribed before me this
_____ day of _____________, 20_____
________________________________
Notary Public
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A
FFIDAVIT OF
S
ERVICE
I, , served the within ________________________________
__________________________on Plaintiff’s attorney as follows (attorney’s name and address):
________________________________________
________________________________________
________________________________________
________________________________________
I served the __________________________________________________________________
by the following method (check all that apply):
□
first class mail
□
certified mail
□
certified mail, return receipt requested
□
overnight delivery service
□
facsimile
□
personal delivery.
on the day of , 20 .
I am eighteen years or older and I am not a Defendant in this lawsuit.
Signature:
Print Name:
Sworn to and subscribed before me this
_____ day of _____________, 20_____
________________________________
Notary Public
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Completed 15 August 2020

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