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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17261
Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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ok I don't know if your available , I wait a little while and see, you already know all the specifics of my case, but , I answered my hoa complaint, denied the facts and stated I disput owing them, but did not specifically expand on that and list my affiramitive defenses, or all the genuine issues of material facts in dispute. after some discovery in part they filed summary motion , I need to reply, I was thinking to reply in two ways, one reguest leave to amend and or supplement original answer with all defenses, and also file reply motion to deny summary judgment on same issues, and there is a genuine issues , I am pro se, I work on the road 6-8 wks at a time, I had neither the legal knowledge , or means staying in hotels with my work appointments to properly list all my defense within the 20 day reply time, and at the same time defend also a unknown tenant eviction they flied and pursued, even though tjey knew there were no tenants on my property, I am I barred from getting my defenses in the record for consideration, I am sure since the plaintiff has filed a motion for summary judgment they will oppose my reguest to amend my answer, what is your best advise . I sure if I hired legal consul that a attorney could rewind the clock etc, please reply
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. In every foreclosure proceeding, the plaintiff will name unknown tenants, just in case someone other then the owner resides there. Once it is known that there are no tenants, the plaintiff will drop them from the lawsuit. Moreover, if you are pro se, you can only defend yourself, not any other party involved, so you should not be worried about defending the unknown tenants. Typically, a party will file a motion in opposition to plaintiff motion for summary judgment and raise the issues which they have as a defense, in response. They attached the supporting affidavits and comply with the rules under the Florida Rules of Civil Procedure, which I shared with you before. Since you are at the point of the case where the plaintiff is seeking summary judgment, you will need leave to amend ( i.e. permission from the Judge), so you would need to file leave to amend along with your amended answer and defenses and allow the Judge to decide. In addition, file the response to the summary judgment motion, which may also prevent summary judgment from being entered. If there is a dispute about the money owed, make sure you present documentation/evidence to show why the amount which they seek is incorrect.
Customer: replied 1 year ago.

ok thanks, XXXXX XXXXX dropped the unknown tenant dispite verbal promise of their attorney they would not pursue, since I assured him only myself, wife and two minor daughters lived on the property, after I filed and answer to the eviction, than a motion to dismiss, than a motion to postpone mediation over it, than a motion to attend by phone since I work on the road, tomorrow I have that phone mediation on that issue, hours, days , several phone calls, motions , three over night packages to court etc. allowed them time to file in the other direction the summary motion, Ive read the rules and it leads me to believe I maybe barred from asserting defenses I didn't bring up in my original answer, and I don't find any case law or direction, to lead me otherwise, unless the judge feels to deny me might be a injustice, So you believe I am not barred to use my defenses if the plaintiff requests the judge to deny my request to amend and he grants the plaintiff request ???

Expert:  LegalKnowledge replied 1 year ago.
If the judge grants your motion on leave to amend then you could raise and assert your defenses. It would be as if you originally raised them. If not, then they would be barred an you would have to rely on your motion in opposition to plaintiffs motion for summery judgment to prevent the summary judgment from being granted based upon the genuine issue of material being present and unable to be resolved.
Customer: replied 1 year ago.

WELL IT SOUNDS LIKE IF THE JUDGE DENIES AMENDMENT, THAN MY DEFENSES WOULD ALL BE BARRED, AND I WONT BE ABLE TO RAISE OR ADDRESS ANY GENUINE ISSUES OF MATERIAL BEING PRESENT IN MY MOTION TO DENY THE SUMMARY JUDGE. IT SEEMS I AM SCREWED. IF MY AMENDED ANSWER IS NOT GRANTED.??? IF I HIRE LEGAL COUNCIL COULD AN ATTORNEY, GET THOSE DEFENSES ADDED OR BEABLE TO LEGALLY ARGUE IN MY BEHALF, LIKE THE CASHED CHECK PAID IN FULL, ETC... ???

Expert:  LegalKnowledge replied 1 year ago.
You are held to the same standards and same rules as an attorney. As such, if your motion for leave to amend is denied, it is unlikely an attorney can step in, make the same argument and have it granted. With that being said, you may want to focus on your response to the motion in opposition of plaintiffs motion for summary judgment and explain to the Judge why it should not be granted and present affidavits and evidence to support it.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17261
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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