Being served a foreclosure summons and complaint means your lender has sued to foreclose in court. You have a short deadline to respond, often 20 to 35 days depending on your state. If you miss it, the court may enter a default judgment. You still own the home, and a sale is usually months away.
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Having someone hand you court papers at your door is a shock. You do not need to have every answer today, but you do need to act on the deadline, and this page shows you how.
It means a judicial foreclosure lawsuit has been filed against you. The papers usually include:
The lender usually also records a lis pendens on your property. Judicial foreclosure is the standard process in states like Florida, New York, New Jersey, and Illinois. If your state mainly uses trustee sales instead, see judicial vs. non-judicial foreclosure.
The deadline is set by your state's court rules and is printed on the summons. Some examples:
| State | Deadline to respond | Rule | Mediation or conference |
|---|---|---|---|
| Florida | Generally 20 days after service | Fla. R. Civ. P. 1.140(a) | Check with your local court |
| New York | 20 days if handed to you in New York; 30 days for most other service methods | CPLR 320(a) | Mandatory settlement conference, generally within 60 days after proof of service is filed (CPLR 3408) |
| New Jersey | 35 days to file an answer | NJ Courts foreclosure guidance | Foreclosure Mediation Program; request it as early as you can |
| Illinois | 30 days to answer or appear | Ill. S. Ct. Rule 101(d) | Many counties run mediation programs |
Weekends and holidays can affect the count. Check the exact date on your summons and confirm it with the clerk of court or a lawyer.
If you miss the deadline, the lender can ask the court for a default, and later a default judgment. That can speed up the case and lead to a sale date sooner, and you lose the chance to raise defenses such as errors in the loan papers or problems with notice.
Even if you have no defense and want to leave, filing an answer or appearance keeps you informed of hearings and gives you time to work out a better exit. In New York, a homeowner who shows up at the settlement conference without having answered is generally given 30 days from that first appearance to file an answer (CPLR 3408(m)).
An answer is your written reply to each numbered paragraph in the complaint. For each one, you generally admit it, deny it, or say you do not have enough information to know. You can also list defenses, such as problems with the breach letter, the lender's right to foreclose, or the amount claimed.
Many courts post answer forms and instructions online, and legal aid groups often help people fill them out. Even a basic answer filed on time is far better than none. Keep a stamped copy, and send a copy to the lender's attorney as the court rules require. If you have questions about your rights during foreclosure, a lawyer can walk you through them.
Usually months, and sometimes more than a year. After you are served, the case moves through your answer, any mediation, motions, and a final judgment. Then the court sets a sale date.
Nationally, ATTOM reported that foreclosures completed in Q2 2026 took an average of 563 days, the shortest since 2013. Judicial states often run longer than that average, and busy courts add delay. Your own time depends on your state, your court's backlog, and whether you respond and apply for help. See our foreclosure timeline.
Yes, in many cases. Being sued does not end your options:
Sources (checked 2026-09-26):
Yes. You own the home and can live in it while the case is pending. You only lose ownership after a court-ordered sale, and even then the new owner must follow your state's legal process to take possession.
You can file an answer on your own in most courts, and many courts have self-help centers. A foreclosure attorney or legal aid lawyer can spot defenses and deadlines you might miss, so a consult is worth it if you can get one.
States allow other service methods, such as leaving papers with someone at your home or, in some cases, publication. The method can change your deadline. In New York, for example, most service other than personal delivery gives you 30 days instead of 20.
It depends on the state. New York requires a settlement conference in most home foreclosure cases, and New Jersey has a Foreclosure Mediation Program you can request. Other states and counties have their own programs, so ask the clerk or a housing counselor.
The court usually sets a sale date, and the home is sold by the clerk, sheriff, or a court officer. Some states allow a period to redeem before or after the sale. Read the judgment carefully and talk to a lawyer about your remaining options.
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