Getting Started Mortgage Foreclosure Appearance & Answer

How do I present my case to the judge?Step 1: Tell the judge your side of the case and answerquestions.o Bring any important documents relating to yourforeclosure including documents mentioned above. Give a copy to the judge and a copy to the otherparty. Be prepared to explain why the document isimportant.o The judge decides what materials can be considered inmaking a decision about your case.Step 2: What do I do when the other party presents theircase?o The other party will also get to present their case.o Write down your questions while they are speaking tothe other party or judge.Step 3: What happens after both sides present theircase?o The judge has to make a decision. The decision iscalled a court order.o If the judge needs more information to make a decision,the judge may set up another court date. Make sure youunderstand what information is needed and get it beforethe new court date.o If the judge needs to think about it more, the judge maylet you know the decision later by mailing a court orderor at another court date.o If the judge has enough information, the judge maydecide right then and fill out a court order. Get a copy of the order that has the court stamp onit. If the other party was not in court to get a copy, youmust send them a copy by 5:00 p.m. on the dateyou get the order. Fill out and file a Proof of Deliverycourt form with the Circuit Clerk to show that yousent the copy. You may find the Proof of Delivery tep 4: Watch your mailAs the case goes on, you may receive important noticesabout new court dates and other matters.AA-I 905.4Find Illinois Supreme Court approved forms at: http://www.illinoiscourts.gov/Forms/approved/.Page 3 of 3Print FormSave Form(02/18)

This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.For Court Use OnlySTATE OF ILLINOIS,CIRCUIT COURTCOUNTYMORTGAGE FORECLOSUREAPPEARANCE & ANSWERInstructions Directly above, enterthe name of the countywhere the case wasfiled.Enter the name of thebank or mortgagecompany as Plaintiff.Plaintiff (Name of Bank or Mortgage Company)v.Enter your names asDefendants.Enter the Case Numberfrom the Complaintyou received.Enter your full namesas Defendants. Youwill be called“Defendants” on therest of this form even ifthere is only one personusing this form.You can file thisAppearance & Answerby yourself or with anyother Defendants listedin the Complaint youreceived.In A1, enter thecomplete address of theproperty listed in theComplaint.In A2, check “Yes” ifyou are working withyour bank to try to getyour mortgage loanchanged so that youcan keep your house.In A3, check “Yes” ifthe bank has alreadychanged your mortgageloan.In A4, check “Yes” ifyou are working with ahousing counselor towork through youroptions in thismortgage foreclosurecase. Also list the nameof the company thehousing counselorworks for and the nameof the housingcounselor.AA-A 907.4DefendantsCase NumberDefendants:Your Namessubmit an Appearance and Answer to the Mortgage Foreclosure Complaint as follows:A.Defendants provide the following information:1. The address of the property that is being foreclosed is:Street Address, Apt #CityStateZIP2. Defendants are working with a lender on getting a loan modification: Yes No3. Defendants already have an approved loan modification: Yes No4. Defendants are working with a housing counselor: Yes NoThe housing counselor works for:Housing Counseling Agency NameThe housing counselor's name is:Housing Counselor's NamePage 1 of 5(03/18)

Enter the Case Number given by the Circuit Clerk:In B, enter the numberand letter of eachparagraph andsubparagraph in theComplaint.Then check “Agree,”“Disagree,” or “Do NotKnow” for eachparagraph.B.ParagraphNumber Check “Disagree” ifyou know any of thestatements in theparagraph are false.This means that youdeny that all of thestatements are true. Check “Do NotKnow” if you do notknow if all of thestatements in theparagraph are true orfalse. This means youdo not have enoughinformation totruthfully admit ordeny the statements.In B, if you run out ofspace, list additionalparagraphs on theAdditional Paragraphsfor MortgageForeclosureAppearance & Answerform, check the box,and file it with thisform.In C, check if you needmore room and file theAdditional Defenses forMortgage ForeclosureAppearance & Answerwith this form.AA-A 907.4SubparagraphLetter (if any) Check “Agree” if youknow all of thestatements in theparagraph are true.This means that youadmit that all thestatements are true.In C, write anydefenses to mortgageforeclosure that applyin your case. For a listof possible defenses,see the How toRespond to a MortgageForeclosureComplaint.Defendants answer the paragraphs in the Mortgage Foreclosure Complaint as reeAgree DisagreeDisagreeDisagreeDisagreeDisagree Do Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not KnowDo Not Know Defendants have attached the Additional Paragraphs for Mortgage ForeclosureAppearance & Answer form.C.Defendants have the following Defenses: Defendants have attached Additional Defenses for Mortgage Foreclosure Appearance &Answer form.Page 2 of 5(03/18)

Enter the Case Number given by the Circuit Clerk:D.Defendants ask the Court to:1. Order the Plaintiff to pay us for the money we spent on court costs in this case; AND2. Award other such relief as the court deems just and equitable; OR3. Set a date for Defendants to appear before the judge.If you are completingthis form on acomputer, sign yourname by typing it. Ifyou are completing itby hand, sign andprint your name.If the Complaint/Petition is verified by oath, then Defendants certify that their answersEach Defendant mustsign and print theirname, currentaddresses and phonenumber. You may notsign on behalf ofanother Defendant.paragraphs. Defendants understand that making a false statement on this form is perjury735 ILCS §5/2-605(a)requires that if theComplaint/Petition isverified by oath thatthe Answer must alsobe verified.735 ILCS §5/2-610(b)requires that youswear to a lack ofknowledge if youcannot admit or denyany of the statementsin theComplaint/Petition.IL Supreme CourtRule 137 requiresAnswer/Response besigned.If you need moreroom fill out and filethe AdditionalDefendant Signatures,Names, & Addressesform with this form.above are true and correct understand that making a false statement on this form isperjury and has penalties provided by law under 735 ILCS 5/1-109.Where Defendants answer “Do Not Know” to paragraphs in section 2, above, Defendantscertify that they do not have enough information to admit or deny the statements in theseand has penalties provided by law under 735 ILCS 5/1-109./s/Defendant SignatureDefendant Printed NameStreet Address, Apt #CityStateZIPDefendant SignaturePhoneDefendant Printed NameStreet Address, Apt #CityStateZIPDefendant SignaturePhoneDefendant Printed NameStreet Address, Apt #City StateZIPPhoneDefendants have completed the Additional Defendant Signatures, Names, & Addresses form.\\PROOF OF DELIVERYIn 1a, enter the name,mailing address, andemail address of theparty or lawyer towhom you sent thedocument.In 1b, check the box toshow how you sent thedocument, and fill inany other informationrequired on the blanklines.1.I sent this document:a.To:Name:FirstMiddleLastAddress:Street, Apt #CityStateZIPEmail address:b.By: Personal hand delivery Regular, First-Class Mail, put into the U.S. Mail with postage paid at:Address of Post Office or MailboxAA-A 907.4Page 3 of 5(03/18)

Enter the Case Number given by the Circuit Clerk: Third-party commercial carrier, with delivery paid for at:CAUTION: If theother party does nothave a lawyer, you maysend the document byemail only if the otherparty has listed theiremail address on acourt document.Name (for example, FedEx or UPS ) and office address The court's electronic filing manager (EFM) or an approved electronic filingservice provider (EFSP) Email (not through an EFM or EFSP) Mail from a prison or jail at:In c, fill in the date andtime that you sent thedocument.Name of prison or jailc.On:Date a.m.At: p.m.TimeIn 2, if you sent thedocument to more than1 party or lawyer, fill ina, b, and c. Otherwiseleave 2 blank.2.I sent this document:a.To:Name:FirstMiddleLastAddress:Street, Apt #b.CityStateZIPEmail address:By: Personal hand delivery Regular, First-Class Mail, put into the U.S. Mail with postage paid at:Address of Post Office or Mailbox Third-party commercial carrier, with delivery paid for at:Name (for example, FedEx or UPS ) and office address The court's electronic filing manager (EFM) or an approved electronic filingservice provider (EFSP) Email (not through an EFM or EFSP) Mail from a prison or jail at:Name of prison or jailc.On:Date a.m.At: p.m.TimeIn 3, if you sent thedocument to more than2 parties or lawyers, fillin a, b, and c.Otherwise leave 3blank.3.I sent this document:a.To:Name:FirstMiddleLastAddress:Street, Apt #b.CityStateZIPEmail address:By: Personal hand delivery Regular, First-Class Mail, put into the U.S. Mail with postage paid at:Address of Post Office or MailboxAA-A 907.4Page 4 of 5(03/18)

Enter the Case Number given by the Circuit Clerk: Third-party commercial carrier, with delivery paid for at:Name (for example, FedEx or UPS ) and office address The court's electronic filing manager (EFM) or an approved electronic filingservice provider (EFSP) Email (not through an EFM or EFSP) Mail from a prison or jail at:Name of prison or jailc.On:Date a.m.At: p.m.TimeIf you sent yourdocument to more than3 parties or lawyers,check the box and filethe Additional Proof ofDelivery form with thisform.Under the Code ofCivil Procedure, 735ILCS 5/1-109, makinga statement on thisform that you know tobe false is perjury, aClass 3 Felony.If you are completingthis form on acomputer, sign yourname by typing it. Ifyou are completing itby hand, sign andprint your name.AA-A 907.4PRINT FORM I have attached an Additional Proof of Delivery form.I certify that everything in the Proof of Delivery is true and correct. I understand that makinga false statement on this form is perjury and has penalties provided by law under735 ILCS 5/1-109./s/Your SignatureStreet AddressPrint Your NameCity, State, ZIPTelephonePage 5 of 5SAVE FORM(03/18)RESET FORM

This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.STATE OF ILLINOIS,CIRCUIT COURTCOUNTYFor Court Use OnlyADDITIONAL PARAGRAPHS FORMORTGAGE FORECLOSUREAPPEARANCE & ANSWERInstructions Directly above, enterthe name of the countywhere the case was filed.Enter the name of thebank or mortgagecompany as Plaintiff.Plaintiff (Name of Bank or Mortgage Company)v.Enter your names asDefendants.Enter the Case Numberfrom the Complaintyou received.Enter the number andletter of each additionalparagraph andsubparagraph in theComplaint.Then check “Agree,”“Disagree,” or “Do NotKnow” for eachparagraph.DefendantsCase NumberDefendants respond to the paragraphs in the Mortgage Foreclosure Complaint as follows:ParagraphNumberSubparagraphLetter (if any) Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Check “Disagree” ifyou know any of thestatements in theparagraph are false.This means that youdeny that all of thestatements are true. Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Check “Do NotKnow” if you do notknow if all of thestatements in theparagraph are true orfalse. This means youdo not have enoughinformation totruthfully admit ordeny the statements. Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Agree Disagree Do Not Know Check “Agree” if youknow all of thestatements in theparagraph are true.This means that youadmit the statementsare true.Attach this form toyour MortgageForeclosureAppearance & Answerform.AA-AAP 906.2Print FormPage 1 of 1Save Form(01/18)Reset Form

This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.STATE OF ILLINOIS,CIRCUIT COURTCOUNTYFor Court Use OnlyADDITIONAL DEFENSES FORMORTGAGE FORECLOSUREAPPEARANCE & ANSWERInstructions Directly above, enterthe name of the countywhere the case wasfiled.Enter the name of thebank or mortgagecompany as Plaintiff.Plaintiff (Name of Bank or Mortgage Company)v.Enter your names asDefendants.Enter the Case Numberfrom the Complaintyou received.Write any additionaldefenses to mortgageforeclosure that applyin your case and attachthis form to yourMortgage ForeclosureAppearance & Answerform.AA-AAD 904.3DefendantsCase NumberDefendants have the following additional Defenses:Page 1 of 2(03/18)

Enter the Case Number given by the Circuit Clerk:Each Defendant onthe form must signand print their name,their current addressesand phone number.You may not sign onbehalf of anotherDefendant.Defendant SignatureDefendant Printed NameStreet Address, Apt #CityStateDefendant SignatureZIPPhoneDefendant Printed NameStreet Address, Apt #CityStateDefendant SignatureIf you need moreroom fill out and filethe AdditionalDefendant Signatures,Names, & Addressesform with theMortgage ForeclosureAppearance &Answer.AA-AAD 904.3PRINT FORMZIPPhoneDefendant Printed NameStreet Address, Apt #City StateZIPPhoneDefendants have completed the Additional Defendant Signatures, Names, & Addresses form.Page 2 of 2SAVE FORM(03/18)RESET FORM

This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.STATE OF ILLINOIS,CIRCUIT COURTCOUNTYFor Court Use OnlyADDITIONAL DEFENDANTSIGNATURES, NAMES, &ADDRESSESInstructions Directly above, enterthe name of the countywhere the case wasfiled.Enter the name of thebank or mortgagecompany as Plaintiff.Plaintiff (Name of Bank or Mortgage Company)v.Enter your names asDefendants.Enter the Case Numberfrom the Complaintyou received.Each additionalDefendant must signand print their name,current addresses andphone number. Youmay not sign onbehalf of anotherDefendant.735 ILCS §5/2-605(a)requires that if theComplaint/Petition isverified by oath thatthe Answer must alsobe verified.DefendantsCase NumberIf the Complaint/Petition is verified by oath, then Defendants certify that their answersabove are true and correct understand that making a false statement on this form isperjury and has penalties provided by law under 735 ILCS 5/1-109.Where Defendants answer “Do Not Know” to paragraphs in section 2, above, Defendantscertify that they do not have enough information to admit or deny the statements in theseparagraphs. Defendants understand that making a false statement on this form is perjuryand has penalties provided by law under 735 ILCS 5/1-109.Defendant Signature735 ILCS §5/2-610(b)requires that youswear to a lack ofknowledge if youcannot admit or denyany of the statementsin theComplaint/Petition.Street Address, Apt #IL Supreme CourtRule 137 requiresAnswer/Response besigned.Street Address, Apt #CityDefendant Printed NameStateDefendant SignatureCityZIPPhoneDefendant Printed NameStateDefendant SignatureZIPPhoneDefendant Printed NameStreet Address, Apt #CityAA-ADS 917.1PRINT FORMStatePage 1 of 1SAVE FORMZIPPhone(03/18)RESET FORM

This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.For Court Use OnlySTATE OF ILLINOIS,CIRCUIT COURTADDITIONAL PROOF OFDELIVERYCOUNTYInstructions Directly above, entercounty where the caseis filed.Enter the name of thePlaintiff/ Petitioner.Plaintiff (Name of Bank or Mortgage Company)v.Enter the name of theDefendant/Respondent.Enter the CaseNumber given by theCircuit Clerk.In 1a, enter the name,mailing address, andemail address of theparty or lawyer towhom you sent thedocument.Case NumberDefendants1.I sent this document:a. To:Name:FirstMiddleLastAddress:Street, Apt #In 1b, check the box toshow how you sent thedocument, and fill inany other informationrequired on the blanklines.b.CityStateZIPEmail address:By: Personal hand delivery Regular, First-Class Mail, put into the U.S. Mail with postage paid at:Address of Post Office or MailboxCAUTION: If the otherparty does not have alawyer, you may sendthe document by emailonly if the other partyhas listed their emailaddress on a courtdocument. Third-party commercial carrier, with delivery paid for at:Name (for example, FedEx or UPS ) and office address The court's electronic filing manager (EFM) or an approved electronic filingservice provider (EFSP) Email (not through an EFM or EFSP) Mail from a prison or jail at:Name of prison or jailIn c, fill in the date andtime that you sent thedocument.c.On:Date a.m.At: p.m.TimeIn 2, if you sent thedocument to more than1 party or lawyer, fill ina, b, and c. Otherwiseleave 2 blank.2.I sent this document:a. To:Name:FirstMiddleLastAddress:Street, Apt #CityStateZIPEmail address:b.By: Personal hand delivery Regular, First-Class Mail, put into the U.S. Mail with postage paid at:Address of Post Office or MailboxAA-ASL 908.1Page 1 of 2(03/18)

Enter the Case Number given by the Circuit Clerk: Third-party commercial carrier, with delivery paid for at:Name (for example, FedEx or UPS ) and office address The court's electronic filing manager (EFM) or an approved electronic filingservice provider (EFSP) Email (not through an EFM or EFSP) Mail from a prison or jail at:Name of prison or jailc.On:Date a.m.At: p.m.TimeIn 3, if you sent thedocument to more than2 parties or lawyers, fillin a, b, and c.Otherwise leave 3blank.3.I sent this document:a. To:Name:FirstMiddleLastAddress:Street, Apt #CityStateZIPEmail address:b.By: Personal hand delivery Regular, First-Class Mail, put into the U.S. Mail with postage paid at:Address of Post Office or Mailbox Third-party commercial carrier, with delivery paid for at:Name (for example, FedEx or UPS ) and office address The court's electronic filing manager

meant to help you learn how to answer a Mortgage Foreclosure Complaint. Your use of the forms does not guarantee you will be successful in court. To learn how to fill out the forms and file them with the court, read the . HOW TO RESPOND TO A MORTGAGE FORECLOSURE COMPLAINT . instruction sheet and the instructions on the forms. Names of forms: