Alaska Judicial Mortgage Foreclosure Answer

ALASKA JUDICIAL MORTGAGE FORECLOSURE ANSWER

Before filing: Check the summons and any court order for the actual response date. Alaska R. Civ. P. 12(a) ordinarily gives a defendant 20 days after service of the summons and complaint to serve an answer, subject to its stated exceptions. Answer every allegation; under Rule 8(d), an allegation other than a damages amount can be admitted if it is not denied. Keep only defenses supported by facts and law after reasonable inquiry.

In the Superior Court for the State of Alaska, [NUMBER] Judicial District at [CITY]

Case No.: [____]

DEFENDANT'S ANSWER TO COMPLAINT FOR JUDICIAL MORTGAGE FORECLOSURE

Defendant [NAME] answers Plaintiff's complaint as follows. The numbered responses below refer to the complaint. Add a separate response for every allegation. For a partly true allegation, identify the part admitted and deny the rest. Use a lack of knowledge response only when that statement is truthful after reasonable inquiry.

1. Responses to the complaint

1. As to Complaint ¶ [1], Defendant ☐ admits ☐ denies ☐ admits [SPECIFIC PART] and denies the remainder ☐ lacks knowledge or information sufficient to form a belief about its truth and therefore denies the allegation. Additional facts: [____].

2. As to Complaint ¶ [2], Defendant ☐ admits ☐ denies ☐ admits [SPECIFIC PART] and denies the remainder ☐ lacks knowledge or information sufficient to form a belief about its truth and therefore denies the allegation. Additional facts: [____].

3. As to Complaint ¶ [3], Defendant ☐ admits ☐ denies ☐ admits [SPECIFIC PART] and denies the remainder ☐ lacks knowledge or information sufficient to form a belief about its truth and therefore denies the allegation. Additional facts: [____].

4. As to Complaint ¶ [NEXT NUMBER], [INSERT A SEPARATE NUMBERED RESPONSE FOR EACH REMAINING COMPLAINT PARAGRAPH].

5. Defendant responds to the requested relief: [IDENTIFY EACH REQUEST ADMITTED OR OPPOSED AND STATE THE BASIS]. Any mortgage, default, sum due, right to sale, or personal liability not expressly admitted remains disputed to the extent denied in the numbered responses above.

2. Supported affirmative defenses

6. Payment or credit: [IDENTIFY PAYMENT, DATE, AMOUNT, AND SUPPORTING RECORD / DELETE IF INAPPLICABLE].

7. Failure of a required condition or notice: [IDENTIFY THE CONTRACT TERM OR LAW, THE REQUIRED STEP, AND FACTS SHOWING NONCOMPLIANCE / DELETE IF INAPPLICABLE].

8. Disputed right to enforce: [STATE THE SPECIFIC FACTS AND DOCUMENTS SUPPORTING THE DISPUTE / DELETE IF INAPPLICABLE].

9. Other defense under Rule 8(c): [NAME THE DEFENSE AND PLEAD SUPPORTING FACTS / DELETE IF INAPPLICABLE].

10. Personal liability: [STATE FACTS SHOWING WHY THIS DEFENDANT IS NOT PERSONALLY LIABLE OR WHY THE CLAIMED AMOUNT IS WRONG / DELETE IF INAPPLICABLE]. Alaska Stat. § 09.45.170 directs the court to determine a defendant's personal liability in the foreclosure judgment; it does not establish that every defendant owes the debt.

3. Request for relief

Defendant asks the Court to deny relief not proved or barred by a defense stated above; determine any amount due after applying proven payments and credits; deny personal judgment against a defendant who is not personally liable; and grant other relief supported by law and the evidence.

Dated: [__/__/____]

Signature of Defendant or counsel: ______________________________

Printed name: [NAME] Bar number, if counsel: [NUMBER / NOT APPLICABLE]

Mailing address: [STREET, CITY, STATE, ZIP]

Email address: [EMAIL] Telephone: [PHONE]

Proof of service

I certify that I served a copy of this Answer on [NAME OF EACH PARTY OR COUNSEL SERVED] on [__/__/____] by [METHOD PERMITTED BY RULE 5 OR COURT ORDER] at [SERVICE ADDRESS]. [ADD EACH ADDITIONAL RECIPIENT, DATE, AND METHOD].

Signature: ______________________________ Date: [__/__/____]

Official references

• Alaska Stat. § 09.45.170.
• Alaska Rules of Civil Procedure, Rules 5, 8, 10, 11, and 12.
• Alaska Court System current rules and recent changes.