Answer to Foreclosure Complaint

Legal Template: Mortgage Adhesion Defense

Constitutional Framework Defense: This template asserts adhesion contract, unconscionability, and due process violations grounded in Natural Person Sovereignty principles. Suitable for pro se defendants or as foundation for attorney review.

Template Overview

This comprehensive legal template provides a constitutional framework-based defense against foreclosure, asserting that the mortgage contract is a contract of adhesion that is unconscionableand violates due process.

What's Included

General denial of allegations
10 affirmative defenses
3 counterclaims
Supporting declaration
Prayer for relief
Certificate of service
Instructions for use
Legal citations

Legal Grounds

Contract of adhesion
Unconscionability
Lack of informed consent
Due process violation
Natural Person Sovereignty
TILA/RESPA violations
Lack of standing
Unclean hands

Key Affirmative Defenses

1. Contract of Adhesion - Unconscionability

Asserts that the mortgage was presented on a take-it-or-leave-it basis with no opportunity to negotiate, containing unconscionable provisions including acceleration clauses, jury trial waivers, and undisclosed securitization.

2. Lack of Informed Consent - Material Non-Disclosure

Argues that material terms were never disclosed (securitization, MERS involvement, constitutional rights waivers), vitiating consent and rendering the contract voidable.

3. Due Process Violation (Fifth/Fourteenth Amendments)

Invokes Shelley v. Kraemer to argue that state enforcement of unconscionable contract through foreclosure constitutes state action violating constitutional due process.

4. Natural Person Sovereignty - Unalienable Right to Property

Asserts that as a natural person with unalienable property rights, defendant's constitutional rights cannot be forfeited through enforcement of an unconscionable adhesion contract.

How to Use This Template

Step 1: Customize Bracketed Sections

Replace all [BRACKETED] sections with your specific information (name, address, case number, etc.)

Step 2: Respond to Each Paragraph

In Part II, respond to each numbered paragraph of the Plaintiff's Complaint (admit, deny, or lack knowledge)

Step 3: Gather Supporting Evidence

Collect mortgage documents, closing statements, payment records, and communications with lender

Step 4: File Timely

Check your state's deadline for answering (typically 20-30 days from service of Complaint)

Step 5: Serve Plaintiff's Attorney

Send copy to Plaintiff's attorney via certified mail or as required by local rules

Important: While this template provides a constitutional framework, foreclosure defense is complex and fact-specific. Consultation with a qualified attorney is strongly recommended.

Download Template

Complete legal template with instructions, citations, and supporting declaration

Related Resources

Understanding Adhesion Contracts

Learn about adhesion contracts and unconscionability in consumer lending

Motion to Void Personal Guarantee

Related template for challenging personal guarantees

Constitutional Glossary

Key terms: Adhesion Contract, Unconscionability, Due Process, Natural Person Sovereignty

Student Loans: Know Your Rights

Understanding constitutional rights in consumer lending

Author: Allan Dinall