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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3607
Experience:  25 years of experience in general practice, real estate law and estate law.
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I have been served with a Complaint for Lein Foreclosure and

Resolved Question:

I have been served with a Complaint for 'Lein Foreclosure and for Monies Due' by the attorney of my Condo Association for unpaid Assessments.

I am composing an Answer.

My goal is to drag the case out as long as possible.

Under the circumstances, what is an Affirmative Defense that I can use?

Possibly relevant facts:
1. Although a total amount owed by me was included with the Complaint I do not know if it is accurate.
2. The mortgage company (superior lien holder) was not named in the complaint.
3. The mortgage company has not yet initiated foreclose process nor has a notice of default received, but is expected soon.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Hello and thank you for your question.

1. Although a total amount owed by me was included with the Complaint I do not know if it is accurate. You can dispute the amount and request an accounting.

2. The mortgage company (superior lien holder) was not named in the complaint.
Do you know if they were noticed of the complaint?


3. The mortgage company has not yet initiated foreclose process nor has a notice of default received, but is expected soon
. Are you wanting to drag this put so the lender will foreclose first?

 

Customer: replied 1 year ago.
Thank you for your reply.
1. What language do I use in the Answer to dispute the amount and request an accounting.
2. I doubt the mortage company was notified of the complaint, but I cannot be certain.
3. Yes, I think that is a preferred outcome if the lender forecloses
Expert:  Attyadvisor replied 1 year ago.
You can always start with a motion for more time to respond.

Your answer and affirmative defense could contain language stating that

"I am without sufficient knowledge as to whether the amounts demanded as amounts due are accurate. Therefore I deny the allegation."

Are you looking for a sample answer format or the wording for a specific answer?
Customer: replied 1 year ago.

Thank you.


 



  1. Motion for more time to respond

  2. Answer with the "I am without sufficient knowledge..." affirmative defense.


 


Those are my next 2 options that you suggest, correct?

Expert:  Attyadvisor replied 1 year ago.

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?

http://www.uslegalforms.com/us/US-00961BG.htm

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3607
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.
Thank you. If you have any additional questions please feel free to let me know and it will be my pleasure to continue to assist you.
Customer: replied 1 year ago.


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?


 


Thanks.

Expert:  Attyadvisor replied 1 year ago.
You can counterclaim with this type of language.

There is a New York case I was reading that laid out an answer, affirmative defenses and counterclaims that was worth the read. I know you are in Washington but it may be inspiring. Would you like me to provide the link? These cases are very similar to lender foreclosures.
Customer: replied 1 year ago.


yes, please send me the link

Expert:  Attyadvisor replied 1 year ago.
I closed your new question as a duplicate so you do not have to pay twice. I am happy to continue to assist you in this question.

http://www.martindale.com/banking-financial-services/article_Law-Offices-of-Susan-Chana-Lask_1528678.htm

Let me know if this helps. I will see if I can find some other helpful samples for you.
Customer: replied 1 year ago.

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?

Expert:  Attyadvisor replied 1 year ago.
I understand that the cases are different. I was trying to set out the format for you. It also shows that you can use just about any argument as a counter claim. I will see if I can find any cases for you.


Customer: replied 1 year ago.


ok thanks

Expert:  Attyadvisor replied 1 year ago.
This is a link for HOA cases http://communityassociations.net/?page_id=2194
This cases uses selective HOA enforcement as an affirmative defense
www.ccfj.net/QuadrilleHOAcounterclaim.pdf

This link may also be helpful http://www.foreclosureprose.com/affirmative-defenses/

Thank you.
Customer: replied 1 year ago.

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.

Expert:  Attyadvisor replied 1 year ago.
You can file this as a motion to dismiss.
Customer: replied 1 year ago.


ok thanks again

Expert:  Attyadvisor replied 1 year ago.
You are most welcome.
Customer: replied 1 year ago.

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?

Expert:  Attyadvisor replied 1 year ago.
The clerk will be able to provide any filing cover sheets and the clerk makes sure the paperwork gets to the Judge.

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