Fill and Sign the Illinois Foreclosure Form

IN THE CIRCUIT COURT OF LAKE COUNTY LAKE COUNTY, ILLINOIS _________________________ ] Plaintiff ] ] PLAINTIFF ] ] V. ] CAUSE NO. _______-________ ] __________________________ ] Defendant; ] __________________________ ] Defendant; ] __________________________ ] Defendant; ] __________________________ ] Defendant; and ] __________________________ ] Defendant; ] ] DEFENDANTS ] ANSWER AND AFFIRMATIVE DEFENSES Comes now Defendants _________________________ (Name of Defendant) and _________________________ (Name of Defendant) , two of the Defendants herein, and submits their joint answer and affirmative defenses to the allegations contained in the Complaint filed against him herein. FIRST DEFENSE Defendants would show that the Complaint fails to state a claim or cause of action against them upon which any relief can be granted. SECOND DEFENSE 1 Defendants affirmatively allege that that Plaintiff is neither a holder in due course of the promissory note securing any such Mortgage nor entitled to the rights of such a holder in accordance with Article 3 of the Illinois Uniform Commercial Code. THIRD DEFENSE Defendants affirmatively allege that that Plaintiff is neither the owner of the Mortgage in question nor entitled to the rights of such an Owner. FOURTH DEFENSE Plaintiff failed to adequately notify Defendants that they were in default pursuant to the terms of said Mortgage. FIFTH DEFENSE Plaintiff did not takes an assignment of the Mortgage for value, in good faith, and without notice of conflicting claims to the property covered by the Mortgage or of certain claims or defenses of the Defendants. And now, answering the allegations of the Complaint filed against him, paragraph by paragraph, Defendant would show the following: 1. Defendants are without sufficient knowledge or information at this time to admit or deny the allegations of Paragraph 1 of the Complaint and therefore deny same. 2. Defendants admit the allegations of Paragraph 2 of the Complaint. 3. Defendants are without sufficient knowledge or information at this time to admit or deny the allegations of Paragraph 3 of the Complaint and therefore deny same. WHEREFORE, now having fully answered said Complaint, Defendants requests that said Complaint be dismissed with prejudice and that Defendants be awarded costs of this suit from Plaintiff. 2 Respectfully submitted, ______________________________ (Names of Defendants) By: ____________________________ Attorney for Defendants ____________________________________ ____________________________________ (Address of Attorney) ______________________________ (Phone Number of Attorney) _________________________ (State Bar No.) (if any) OF COUNSEL: _______________________________ (Name of Defendants’ Attorney) ________________________________ ________________________________ (Address of Attorney) ____________________________ (Phone Number of Attorney) ____________________________ (State Bar No.) (if any) STATE OF ILLINOIS COUNTY OF LAKE _____________________________ (Name of Defendants’ Attorney) states on oath that she is the Attorney for the Defendants herein; that on information and belief the matters stated in the foregoing Answer are true and correct. However, ____________________________ (Name of Defendants’ Attorney) states that she had insufficient knowledge to either admit or deny certain allegations and therefore denied same. _______________________________ (Name of Defendants’ Attorney) SWORN to and subscribed before me this _____________________________ (date) . ___________________________ NOTARY PUBLIC My Commission Expires: ______________________ 3 CERTIFICATE OF SERVICE I, ____________________________ (Name of Attorney for Defendants) do hereby certify that a true and correct copy of the above and foregoing Answer and Affirmative Defenses has been sent, via first class mail, postage prepaid, to the following Attorneys for Plaintiff at the following addresses: ____________________________ (Name of Attorney for Plaintiff) , _____________________________________________ _________________________________________________ (Street address, city, county, state, zip) _______________________________ (Name of Attorney for Plaintiff) , _______________________________________ ________________________________________________ (Street address, city, county, state, zip) So certified, this the ______ day of ______________________, 20_____. _____________________________ (Name of Defendants’ Attorney) 4