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LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
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Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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I received "COMPLAINT TO FORECLOSE CLAIM OF LIEN" filed by Homeowners Associatio

This answer was rated:

I received "COMPLAINT TO FORECLOSE CLAIM OF LIEN" filed by Homeowners Association because I failed to pay association assessments. This rental property has a tenant who received copy of complaint.
The complaint is against Marco N Camara (myself), Unknown spouse and tenant.
I don't have spouse but I do have a tenant.
Do I have to write on my answer PLAINTIFF, vs MARCO N CAMARA UNKNOWN SPOUSE AND TENANT? Does the Tenant have to sign my answer?
How do I answer that?
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 afternoon. I certainly understand the situation and your concern. The styling at the top of the complaint is exactly how you should write it, when you file your answer. You are the defendant in the case and the Plaintiff is the HOA, based upon what you stated above. The tenant would need to file their own answer and you can not write it for them nor do they need to sign your answer. They are being named since they are tenants and need to be placed on notice as to what is happening with the subject property. When you file your answer, you need to respond to the allegations in the complaint and address them number by number. Moreover, you need to raise any affirmative defenses which you may have, that would prevent them from foreclosing.

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Customer: replied 4 years ago.

This is not the answer that I am looking for. I would like receive one similar to the one that I've got from Ely, Counselor at Law on my last question.


Below is the answer that I received from him.


 


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

IN THE CIRCUIT COURT OF THE _______ JUDICIAL CIRCUIT
IN AND FOR ________, FLORIDA
CASE NO.: ___________________
DIVISION: ____________________
_________________________________
_________________________________
_________________________________
Plaintiff,
vs.
_________________________________
_________________________________
Defendants.
__________________________________________/

PRO SE DEFENDANT’S ANSWER TO PLAINTIFF’S
COMPLAINT TO FORECLOSE CLAIM OF LIEN

The Defendant, _____________________________________________, hereby files this Answer to Plaintiff’s Complaint and states as follows:
1. I admit (agree) Paragraph(s) # XXXXX of the Complaint to Foreclosure Claim of Lien.
2. I deny (disagree) Paragraph(s) #___________________________________ of the Complaint to Foreclosure Claim of Lien.
3. I am without knowledge to admit (agree) or deny (disagree) Paragraph(s) #___________________________________ of the Complaint to XXXXX of Lien.
4. Affirmative Defenses:
____________________________________________________________________________
____________________________________________________________________________
_____ _______________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________________


WHEREFORE, the Defendant, _____________________________________________,
respectfully XXXXX XXXXX this Court deny the relief sought by the Plaintiff.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to: __________________________________________________________________
_________________________________________________ (Plaintiff’s Attorney and Address)
on the ____ day of _______________________, 20____.
___________________________________
Signature of Defendant
___________________________________
Printed Name of Defendant
___________________________________
Address
___________________________________
City, State, Zip Code
___________________________________
Telephone Number
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