INSTRUCTION FORM FOR FILING RULE 120 ANSWER

The following is a sample ‘Response Form’ that may be used in the event you are unable to obtain legal assistance. Filing this Response, sometimes called an ‘Answer’ is critical to preserving your property rights. If you don’t file an Answer, it is the same as conceding that you no longer have a right to your property. The blanks may be neatly filled in or type written. Each numbered block (example “[1]”) contained in these instructions will correspond to a numbered block on the form.

 

[1]  Fill in the name of County the case was filed in.

[2] .Fill in the address of the court. If you don’t know it, it should be on the Notice sent to you by the lender.

[3]  Copy the names of the parties as they appear on the Notice sent to you.

[4]  Fill in your name and address.

[5]  Fill in case number, if it is contained on the Notice. (It may not be.)

[6]  Fill in courtroom number if it is contained on Notice. (It may not be.)

[7]  Fill in your name, or names, if more that one Defendant.

 

[8]  In this section, you will fill in one or two simple sentences explaining why you do not believe the loan is in default. For example, they returned your check, or the rate of interest is higher than agreed to. Or if the party applying for foreclosure sale is not the same company or party you took out the loan with, then you may state that the party moving for foreclosure is not the holder of the promissory note secured by the deed of trust. You may state any reason that goes to the question of how much money is actually owed. We advise that you speak with an attorney if you are able.

 

[9]  Sign above the line and print name and address below the line.

[10] Fill in day of the month.

[11] Fill in month.

[12] Name and address of party or law firm who served you with  the Notice. Also mail a copy to that party.

[13] Your signature, or the signature of any person who actually mailed this form to opposing parties.

 

Sample Response Form


 

 

Comes Now The Defendant,[7]______________________, (“The Defendants”) and respectfully submits his response to Plaintiff’s Notice of its Motion For An Order  Authorizing Sale and further requests that the court conduct a hearing on the date set by the Plaintiff.

 

As grounds for this answer and  The Defendants state the following:

 

I.        ARGUMENTS:

[8]

 

 

Finally, The Defendants cannot address the questions before the court until he/she has been fully informed of the contents of the motion. 

Wherefore The Defendants pray for just and equitable relief in the nature of a Rule 120 hearing being conducted on the date set by Plaintiff’s Motion.

RESPECTFULLY SUBMITTED:

_________________________
              [9]

 

CERTIFICATE OF SERVICE

The undersigned does hereby certify that a true and accurate copy of the foregoing RESPONSE/ANSWER UNDER C.R.C.P. 120 TO NOTICE OF MOTION FOR AN ORDER AUTHORIZING A PUBLIC TRUSTEE’S SALE OF PROPERTY was served on opposing parties by hand delivering or mailing the same, on this [10] ____day of [11]_____________, 2008 to the following address:

 

 

[12]____________________________

______________________________

______________________________

 

 

 

 

 

 

 

 

                                                                                                            [13]_____________________