IN THE COURT OF COMMON PLEAS

________ COUNTY, OHIO

________________________,
Plaintiff
vs.
________________________,
et al.
Defendant(s)

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Case No. _____________

Judge ________________

ANSWER AND REQUEST

FOR MEDIATION

Now come(s) the Defendant(s), _________________________________,

pro se, and in response to Answer to the Complaint filed by Plaintiff and subject
to completion of discovery, hereby state(s) the following:
NOTICE CONCERNING PRO SE STATUS
Defendant(s) is/are unable to afford an attorney, and unable to obtain the
representation of an attorney at this time. Defendant(s) is not/are not licensed to
practice law and is/are not knowledgeable in the legal defense of foreclosures.
GENERAL DENIAL
Defendant(s) admit(s) all matters known to be of public record with the
exception of any assignment or other transaction of the subject note and
mortgage subsequent to Defendants/Defendants execution thereof. Further,
Defendant(s) otherwise denies/deny, in part for lack of knowledge, each and
every

other

allegation

contained

in

the

Plaintiffs

Complaint.

Further,

Defendant(s) demand(s) specific proof on the allegations contained in the

Complaint.

In response to any averment in Plaintiffs Complaint concerning

compliance with conditions precedent, including: the acceleration of the

remaining balance on the note and/or compliance with applicable federal law,
including the U.S. Code, Code of Federal Regulations and directives of Federal
officials, Defendant(s) specifically denies(deny) the same with particularly in the
following defenses.

DEFENSES
1.

Plaintiff has failed to state a claim upon which relief can be granted.

2.

Plaintiff lacks standing and/or capacity to sue, including lack of

privity and/or no right to enforce the note and/or mortgage against Defendant(s).
3.

Plaintiff is not the real party in interest.

4.

Plaintiff has failed to join one or more necessary parties.

5.

The claims are barred or must be reduced by Plaintiffs failure to

mitigate its damages, if any.

6.

In the event that the note and mortgage, upon which Plaintiffs

claims for relief are founded, were negotiated, assigned, transferred or deposited
from the original lender and original mortgagee, or subsequent transferee, the
Defendant(s) denies/deny for lack of knowledge the lawfulness of said
transaction, including the authenticity of, and authority to execute, notarize or
otherwise effect each purported transaction.
7.

The claims of Plaintiff are barred in whole or part by Plaintiffs

and/or its predecessors in interests failure to engage in lawful and/or good faith

loss mitigation efforts prior to the filing of the foreclosure, including breach of the
covenant of good faith and fair dealing.
8.

The claims are barred or must be reduced by Plaintiffs and/or its

predecessors in interests unlawful and unreasonable assessment of and/or the

improper application of payments, credits, advances, late fees, filing fees,
inspection fees, attorney fees, other fees, interest, penalties charges and/or
expenses.
9.

The Defendant(s) dispute(s) the amount claimed as owed under the

loan documents at issue, affirmatively allege(s) payment, and request(s) that

Plaintiff provide an accounting.
10.

Plaintiff and/or its predecessors in interest or the lender and its

successors in interest has/have failed to satisfy conditions precedent to instituting

this action, including the failure to give Defendant(s) notice of default and
acceleration as required by the mortgage (i.e., paragraphs entitled Acceleration;
Remedies and Notices), as well as the note (i.e., paragraphs entitled
Borrowers Failure to Pay as Required and Giving of Notices.
11.

In the event the note and mortgage upon which Plaintiffs claims

are founded is an FHA-insured mortgage, it is subject to federal law, and the

provisions of Title 12 U.S. C. 1707 et seq. and the regulations promulgated
pursuant thereto at 24 C.F.R. 203.500 et seq. are controlling with regard to the
administration and collection of the mortgage loan. Plaintiff and/or its
predecessors in interest and/or the lender and its successors in interest has/have
failed to satisfy one or all of the following conditions precedent prior to filing its

complaint: (a) Defendant(s) were not three full months in default prior to
acceleration; (b) the indebtedness was not properly accelerated in accordance
with the mortgage attached to the complaint; (c) failure to accord Defendant(s)
the right or reinstatement contained in the mortgage attached to the complaint;
and (d) failure to engage in one or more of the loss mitigation actions
promulgated pursuant to Title 12 U.S.C. 1707 et seq., at 24 C.F.R. 203.500 et
seq., and any other guides, directives or otherwise with the force of law
governing the mortgage, to wit:
a. Failure to give timely notice of the alleged default, as required.
b. Failure to make reasonable efforts to have a face-to-face interview
with the homeowner prior to Defendant(s) becoming three full
months delinquent, as required;
c. The improper deduction of late charges from payments;
d. Failure to accept partial payments and failed to properly notify
Defendant(s) of same;
e. The issuance or failure to issue notices to Defendant(s) in the
manner required by Federal Regulations, and the failure of any
notice issued to comply with Federal Regulations.
12.

In the event the note and mortgage upon which Plaintiffs claims for

relief are founded is a VA-insured loan, it is subject to federal law, and the
provisions of Title 38 U.S.C.

Chapter 37 and the regulations promulgated

pursuant thereto at 38 C.F.R. Part 36 are controlling with regard to the

administration and collection of the mortgage loan; and Plaintiff and/or its

predecessors in

interest and/or the lender and its successors in interest

has/have failed to satisfy one or all of the following conditions precedent prior to
filing its complaint:

(a) the indebtedness was not properly accelerated in

accordance with the mortgage, and any riders thereto; (b) the failure to accord
Defendant(s) the right of reinstatement contained in the mortgage, and any riders
thereto; and (c) the failure to engage in the loss mitigation actions promulgated
pursuant to Title 38 U.S.C., Chapter 37 and the regulations promulgated
pursuant thereto at 38 C.F.R. Part 36, governing the mortgage, and any riders
thereto, and any other guides, directives or otherwise with the force of law.
13.

In the event the note and mortgage upon which Plaintiffs claims for

relief are founded is a guaranteed loan under Section 502 Single Family Housing
Program, administered by the Rural Housing Service of USDA, it is subject to
federal law, and the provisions of Title 42 U.S.C. 1472(h) and the regulations
promulgated pursuant thereto at 7 C.F.R. 1980.301 et seq. are controlling with
regard to the administration and collection of the mortgage loan; and Plaintiff
and/or its predecessors in interest and/or the lender and its successors in interest
has/have failed to satisfy one or all of the following conditions precedent prior to
filing its complaint: (a) Plaintiff has failed to accord Defendant(s) any or all of the
available servicing options to avoid foreclosure available under 7 CFR
1980.371 et seq., and any other guides, directives or otherwise with the force of
law; (b) the indebtedness was not properly accelerated in accordance with the
mortgage, and any riders thereto, attached to the complaint; and (c) Plaintiff has

failed to accord Defendant the right of reinstatement contained in the mortgage,

and any riders thereto, attached to the Complaint.
14.

The claims are barred in whole or part by the doctrines of estoppel

and waiver.
15.

The claims are barred in whole or part by the doctrines of accord

and satisfaction, and ratification.

16.

The claims of Plaintiff are barred in whole or part by the doctrines of

res judicata and judicial estoppel/claim preclusion.

17.

Defendant(s) reserve(s) the right to assert additional defenses

pending completion of discovery.

WHEREFORE, these answering Defendant(s) respectfully request(s) that
the Complaint be dismissed with prejudice, at Plaintiffs cost.
REQUEST FOR MEDIATION
Defendant(s) request(s) that this matter be referred to mediation as may
be available pursuant to Local Rule or Order of the Court.

Respectfully submitted,
Signed: __________________________
Signed: __________________________
Defendant(s), Pro Se
Address: _____________________
_____________________________
Phone: _______________________
E-mail: _______________________

CERTIFICATE OF SERVICE
A copy of the foregoing was sent via U.S. Mail by the undersigned
this _____ day of ______________, 20__ prior to filing with the court:

Plaintiffs Counsel: __________________

Address: _________________________
_________________________________
Other Defendant____________________
Address: _________________________
_________________________________

Other Defendant____________________
Address: _________________________
_________________________________

Other Defendant____________________
Address: _________________________
_________________________________

Other Defendant____________________
Address: _________________________
_________________________________
Respectfully submitted,
Signed: __________________________
Signed: __________________________
Defendant(s), Pro Se
Form prepared in blank by:
COMMUNITY LEGAL AID SERVICES, INC
Akron Centre Plaza
50 South Main Street, Suite 800
Akron, Ohio 44308-1828
(330) 535-4191