Step 3: Summons And Complaint

After the Lis Pendens is filed, the borrower will be served a summons and complaint. The purpose of the summons is to inform the borrower of the foreclosure lawsuit and provides them with a deadline to respond to the complaint. The time period for the Borrower to respond is specifically mentioned on the summons. Borrowers typically have 20 days to respond to this complaint in writing to the Clerk of the Court.

If the borrower does not answer within the allocated time frame, the lender will usually immediately file for a default judgement. In the case of a default judgement, the lender can proceed to file a Motion for Summary Judgment as there has been no factual dispute filed by the Borrower.