Real Estate Law
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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?