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1. I have received a Summons and a Complaint for Foreclosure. What is this?

The Summons and Complaint are sent to notify you that you are being sued. The Complaint informs you of the plaintiff’s claims and of what remedy the plaintiff seeks from the Court. In a foreclosure case, the Plaintiff/Lender typically claims that you owe a sum of money, that this debt is secured by a mortgage on your property, and that the lender would like the property sold to satisfy the debt.

2. On the Summons, I am told to file an Answer. What is an Answer?

An Answer to a Complaint is your response to the allegations made by the Plaintiff. It should contain

• The name of the Court,
• The name of the Plaintiff / Lender (the person or institution who sued you),
• The name of the Defendant or Defendants (your name),
• The case number,
• The name of the judge assigned to the case,
• The title “Answer” (this can be written on the Answer in the same place as the title appears at the top of the Complaint. Replace the word “Complaint” with the word “Answer” as the title of the document you are preparing.)
• Your signature at the end of the Answer you prepare; and
• A statement at the end of the document following your signature certifying that you sent a copy of the Answer to each Plaintiff and to all other Defendants, and a date those copies were sent.

In the body of this document, you should respond to (admit or deny) each and every paragraph in the Plaintiff’s Complaint. If you do not know or are not sure about whether a statement is correct, you should respond by saying “The statements made in this paragraph are denied for want of knowledge.”

Once the Answer is prepared, and signed by you, it must be filed with the Clerk of Courts within 28 days from the date you receive the Summons, and copies must be sent to the Plaintiff or, if the Plaintiff is represented, to the Plaintiff’s attorney, which is listed at the end of the Complaint, and to all other Defendants. (This information appears on the Summons you receive with the Complaint.)

3. The Summons says that if I do not file an Answer within 28 days, a default judgment could be issued against me. What is a default judgment?

If you do not file a written Answer within the 28 days specified, the Court will find that the allegations contained in the Complaint are true. If the Plaintiff files an application or Motion for Default Judgment, the Court may grant this request by giving the Plaintiff the relief requested in the Complaint even if you disagree with the allegations and believe they are not true, or would like the Court to consider other factors. For this reason, it is important for you to file an Answer on time.

4. With the Summons and Complaint for Foreclosure I received a Request for Foreclosure Mediation and a Questionnaire. What is Foreclosure Mediation?

Mediation is a process in which you, the borrower, and the lender or the lender’s representative meet to discuss whether an agreement can be reached to cure any defaults in the loan, to re-negotiate the terms of the loan in a manner that could allow you to remain in your property or to reach agreement on other terms. If your case is appropriate for foreclosure mediation, the Court will provide a mediator. The mediator will set up the mediation meeting and will assist you in communicating with the lender. The mediator will not represent you or give you legal or financial advice.

5. What should I do with the Request for Foreclosure Mediation and Questionnaire?

To determine if you are eligible for mediation, you should complete the Request for Foreclosure Mediation and the Questionnaire for Foreclosure Mediation and return it to the Ashtabula County Mediation Department, Ashtabula County Court of Common Pleas, 25 West Jefferson Street, Jefferson, Ohio 44047 at the same time you file your Answer with the Clerk of Courts

Please note that your case will not be considered for mediation unless you have completed this form and you have filed an Answer as explained in your Summons.

Upon receipt of this Request for Foreclosure Mediation and Questionnaire by the Mediation Department, notification of your request will be sent to the Plaintiff / Lender along with Plaintiff’s Mediation Questionnaire for Foreclosure Cases. When this form is returned to the Mediation Department all information will be reviewed to determine whether this case will be mediated, and a date for the mediation will be set.

6. What will I need to do to prepare for the Foreclosure Mediation, and what should I bring to the mediation session?

In order for the mediation to be as helpful and effective as possible, it will be necessary for you to gather various documents and pieces of information. This information will be used at the mediation and in your discussions with the Plaintiff / Lender. The following is a list of information that will be needed for the mediation:

• Information concerning money you may have available to contribute to any arrearages on the mortgage, and when that money would be available to you.
• Proof of income including all income that can be used to pay the mortgage, whether earned by the titled owner or by anyone else in the household. You should have 2 or 3 pay check stubs from each person who contributes to the household income, current bank statements, tax returns, or profit and loss statement if you are self-employed.
• A detailed explanation of your expenses. This should include every expense you can think of.
• Names and addresses of any other creditors with liens on the property.
• Amount of property taxes owed on the property, if any.
• Proof of homeowner’s insurance, if any.

7. What will happen at the mediation session?

At the mediation session, you will meet with the mediator, your attorney (if you are represented), the attorney for the lender, the representative from the lender institution (this person may be attending the mediation by phone) and the mediator. You will share your financial information with the lender. The mediator will help to organize your discussions about what arrangements you and the lending institution can agree upon that will allow you to keep your home.

8. What are some possible solutions that may be agreed upon?

There are a number of possible solutions that you and the lender can explore. The solution will depend upon what you can afford (based on what your income and expenses are), what other resources you have, what type of loan you have, the amount you owe in arrearage and on the mortgage, and other factors that will be discussed during the mediation. The following are some possible solutions:

• Reinstatement: All amounts required to bring your loan current must be paid (including late fees, attorney fees, taxes, insurance, etc.) Once these amounts are paid, you will be back on your regular payment plan.
• Forbearance or Repayment: Regular monthly payments are made according to your loan agreement, and an additional monthly payment is made each month that is applied to the delinquent amount. Once the delinquent amount is paid in full, the normal payment amount resumes.
• Extension Agreement: This is an agreement in which you pay a portion of the amount of your delinquency, and the remaining portion of the delinquent amount is added on the end of your loan.
• Loan Modification: This is a written agreement between you and the lender that permanently changes one or more terms of your mortgage. For example, the agreement could increase or decrease your interest rate or principal balance.
• Deed in Lieu of Foreclosure: The deed is voluntarily given to the lender in full satisfaction of the debt owed.

In addition, other arrangements between the borrower and lender may be possible that will help the borrower avoid a foreclosure or will help the borrower if a foreclosure is inevitable.