How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100595
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

I am defending my self on a foreclosure process and the Plaintiff

This answer was rated:

I am defending my self on a foreclosure process and the Plaintiff filed an Entry for Default saying that the Unknown Parties in Possession N/K/A "my son's name" was served and failed to file or serve any paper in the action. Does my son who is my dependent and a full time student really need to be part of the process? Is the Plaintiff doing that because he doesn't know the "Unknown Parties in Possession" is my son? How should I respond to that?
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify:

1) Is the suit for foreclosure against both YOU and your SON, as separate Defendants?
2) Whose name is XXXXX XXXXX the mortgage?
3) Where either of you SERVED? If an answer was not filed by either, why not?

Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.
Customer: replied 3 years ago.

1) The foreclosure is against :


MARCO P. CAMARA AND JOILMA NUNES CAMARA, HUSBAND


AND WIFE, UNKNOWN PARTIES IN POSSESSION


I'm Marco and Joilma is my wife and the only other person living in the house is my son. I believe the Plaintiff got his name because he signed for a registered letter that was sent to us.


 


2)The mortgage is under my wifes name but I was also asked to sign the mortgage papers as her husband.


 


3)We were served and refered as:


MARCO P. CAMARA AND JOILMA NUNES CAMARA, HUSBAND


AND WIFE, UNKNOWN PARTIES IN POSSESSION,


We did file an answer and me and my wife signed. Now the Plaintiff is saying that the "Unknown Parties in Possession N/K/A Marco N Camara" failed to serve any paper in the action.


The person that the Plaintiff is referring to is my son, Marco N Camara.


Plaintiff filed ENTRY FOR DEFAULT because my son failed to file or serve any paper in this action.

Thank you for your clarification.

It seems that there has been obviously some confusion on the Plaintiff's part in regards XXXXX XXXXX is the owner of the property.

Now, understand that just because they have requested it does not mean that the Motion for Default Judgment may be granted.

What a party in your situation may wish to do is to file a reply to their motion for default judgment, and have a hearing wherein you can explain the situation. If the Judge understands what has happened, then their motion foe default judgment is likely to be denied.

Sample reply:

TITLE AND PARTIES (just copy of their filing)

DEFENDANT'S JOINT DEFENDANTS’ RESPONSE TO MOTION FOR DEFAULT JUDGMENT (centered)

NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Defendants’ Response to Motion for Default Judgment, and shows the Court:

FACTS
1. Plaintiff is _____.
2. Defendants are ___.
3. Plaintiff served… (explain what happened, and the Plaintiff’s cofusion).
4.
5.
6. Defendants filed an Answer with the Court on ___, within the time allotted as not to default.

GENERAL DENIAL
Defendant denies allegations in paragraph 1 of Plaintiff’s pleading.
Defendant denies allegations in paragraph 2 of Plaintiff’s pleading.
Defendant denies allegations in paragraph 3 of Plaintiff’s pleading.
Defendant denies allegations in paragraph 4 of Plaintiff’s pleading.
(etc)

Defendant denies each and every allegation of Plaintiff's Motion for Default Judgment, and demands strict proof thereof as required by rules of evidence and procedure for the State of Florida.

PRAYER
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, denies Plaintiff default judgment, awards Defendant the costs of court, legal fees, and such other and further relief as Defendant may be entitled to in law or in equity.

Respectfully submitted,
Your Signatures
Your names


(NEW PAGE)

CERTIFICATE OF SERVICE (centered)

I certify that on (date filed) a true and correct copy of Defendant's Defendants’ Response to Motion for Default Judgment was served to the opposing party.

Your Signature
Your name


Then, the Court will consider the facts, and should deny the default judgment.

I hope this helps and clarifies - good luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Ely and 12 other Legal Specialists are ready to help you

Related Legal Questions