Montana Judicial Mortgage Foreclosure Answer

MONTANA JUDICIAL MORTGAGE FORECLOSURE ANSWER

Before filing: Use the summons and the court's orders to calculate the actual deadline. Mont. R. Civ. P. 12(a)(1)(A) ordinarily requires a defendant to serve an answer within 21 days after service of the summons and complaint, subject to the rule's exceptions or a different court order. Respond to every numbered allegation; under Rule 8(b), an unanswered allegation other than a damages amount may be treated as admitted. State only defenses supported by facts and law after reasonable inquiry.

In the [NUMBER] Judicial District Court of Montana, [COUNTY] County

Cause No.: [____] Judge: [NAME]

DEFENDANT'S ANSWER TO COMPLAINT FOR JUDICIAL MORTGAGE FORECLOSURE

Defendant [NAME], responding to Plaintiff's complaint, states as follows. The paragraph numbers below refer to the complaint. Replace the examples with a separate response to each allegation actually pleaded. Where an allegation is partly true, identify the admitted part and deny the rest. A response that lacks information must say so in good faith.

1. Responses to numbered allegations

1. In response to Complaint ¶ [1], Defendant ☐ admits the allegation ☐ denies the allegation ☐ admits only [SPECIFIC PART] and denies the remainder ☐ lacks knowledge or information sufficient to form a belief about its truth and therefore denies it. Explanation, if needed: [FACTS].

2. In response to Complaint ¶ [2], Defendant ☐ admits the allegation ☐ denies the allegation ☐ admits only [SPECIFIC PART] and denies the remainder ☐ lacks knowledge or information sufficient to form a belief about its truth and therefore denies it. Explanation, if needed: [FACTS].

3. In response to Complaint ¶ [3], Defendant ☐ admits the allegation ☐ denies the allegation ☐ admits only [SPECIFIC PART] and denies the remainder ☐ lacks knowledge or information sufficient to form a belief about its truth and therefore denies it. Explanation, if needed: [FACTS].

4. In response to Complaint ¶¶ [REMAINING NUMBERS, EACH ANSWERED SEPARATELY], Defendant states: [ADD ONE NUMBERED PARAGRAPH FOR EACH COMPLAINT PARAGRAPH; DO NOT LEAVE ANY UNANSWERED].

5. Defendant responds to Plaintiff's requested relief as follows: [STATE WHICH REQUESTS ARE OPPOSED, ADMITTED, OR REQUIRE PROOF]. Defendant does not admit an amount due, default, right to sell, or personal liability merely by acknowledging that a mortgage or debt document exists.

2. Affirmative defenses, only if supported

6. Payment or credit: [STATE THE PAYMENT, DATE, AMOUNT, AND DOCUMENT SUPPORTING THE CREDIT / DELETE IF INAPPLICABLE].

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

8. Disputed ownership or enforcement right: [STATE THE SPECIFIC FACTS AND DOCUMENTS SUPPORTING THE DISPUTE / DELETE IF INAPPLICABLE].

9. Other supported avoidance or affirmative defense under Rule 8(c): [NAME THE DEFENSE AND PLEAD THE FACTS THAT SUPPORT IT / DELETE IF INAPPLICABLE].

10. Defendant disputes any claimed deficiency or personal judgment to the extent [STATE SPECIFIC FACTUAL OR LEGAL BASIS / DELETE IF INAPPLICABLE]. Mont. Code Ann. § 71-1-222(2) addresses a balance remaining after the sheriff's sale and only defendants personally liable for the debt; this paragraph does not assume that such liability exists here.

3. Request for relief

Defendant asks the Court to:

11. Deny foreclosure relief and any personal judgment that Plaintiff has not proved or that is barred by a defense pleaded above;

12. Apply any proven payment or credit and determine any disputed amount on the evidence;

13. Award Defendant costs or other relief only to the extent authorized by applicable law and the evidence; and

14. Grant other relief the Court finds proper.

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 / NONE] Telephone: [PHONE / NONE]

Certificate of service

I certify that on [__/__/____], I served a true copy of this Answer on [NAME OF PLAINTIFF'S COUNSEL OR UNREPRESENTED PARTY] at [ADDRESS] by [METHOD PERMITTED BY RULE 5 AND ANY APPLICABLE COURT RULE OR ORDER].

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

Official references

• Mont. Code Ann. § 71-1-222.
• Montana Rules of Civil Procedure, Rules 5, 8, 10, 11, and 12.
• Montana Supreme Court current rules index.