Those are my next 2 options that you suggest, correct?
Yes. You have to answer each allegation with affirm, deny. or you lack sufficient information or knowledge. Do you have a form/template to use for your answer?
This may be a separate question, but is there such an affirmative defense as claiming selective enforcement of the Association rules?
In the past, other owners in the complex have owed money but were not liened or sued for lien foreclosure.
If so, what would that language look like?
yes, please send me the link
That's very kind of you.
That is a great case in New York but it involved defense and counter claims agains a mortgage company for predatory lending.
My counter claim would relate to breach of fudiciary responibility by the condo Board when they failed to renew FHA approval for the complex.
My other counter claim would relate to selective enforcement of condo rules.
Do you know of any cases relating to either of those possible claims?
Plaintiff has filed a Motion to Appoint a Custodial Receiver and a hearing date is set for Monday the 24th. Plaintiff alleges that there is a tenant in the condo unit and is trying to intercept the rent. I dispute this and insist it is owner-occupied. How do I TITLE the document I want to submit to the court? Would it be "Defendant's Answer to Motion to Appoint a Custodial Receiver"? Or "Defendants Motion to Dismiss Motion to Appoint a Custodial Receiver"? Or what. Thanks.
ok thanks again
This should be my last question. I am going to file my Answer to the initial Complaint. As I understand it, I will give a copy to the Court Clerk for the file and mail a copy to Plaintiff's attorney. And then there will be a copy for the Judge, but how do I ensure that a judge will actually see my Answer? Is there a cover letter or Note for Motion that must be attached?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).