Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I am defending my self on a foreclosure process and the Plaintiff

filed an Entry for Default...
I am defending my self on a foreclosure process and the Plaintiff filed an Entry for Default saying that the Unknown Parties in Possession N/K/A "my son's name" was served and failed to file or serve any paper in the action. Does my son who is my dependent and a full time student really need to be part of the process? Is the Plaintiff doing that because he doesn't know the "Unknown Parties in Possession" is my son? How should I respond to that?
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
4/5/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify:

1) Is the suit for foreclosure against both YOU and your SON, as separate Defendants?
2) Whose name is XXXXX XXXXX the mortgage?
3) Where either of you SERVED? If an answer was not filed by either, why not?

Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.
Ask Your Own Legal Question
Customer reply replied 4 years ago

1) The foreclosure is against :


MARCO P. CAMARA AND JOILMA NUNES CAMARA, HUSBAND


AND WIFE, UNKNOWN PARTIES IN POSSESSION


I'm Marco and Joilma is my wife and the only other person living in the house is my son. I believe the Plaintiff got his name because he signed for a registered letter that was sent to us.


 


2)The mortgage is under my wifes name but I was also asked to sign the mortgage papers as her husband.


 


3)We were served and refered as:


MARCO P. CAMARA AND JOILMA NUNES CAMARA, HUSBAND


AND WIFE, UNKNOWN PARTIES IN POSSESSION,


We did file an answer and me and my wife signed. Now the Plaintiff is saying that the "Unknown Parties in Possession N/K/A Marco N Camara" failed to serve any paper in the action.


The person that the Plaintiff is referring to is my son, Marco N Camara.


Plaintiff filed ENTRY FOR DEFAULT because my son failed to file or serve any paper in this action.

Thank you for your clarification.

It seems that there has been obviously some confusion on the Plaintiff's part in regards XXXXX XXXXX is the owner of the property.

Now, understand that just because they have requested it does not mean that the Motion for Default Judgment may be granted.

What a party in your situation may wish to do is to file a reply to their motion for default judgment, and have a hearing wherein you can explain the situation. If the Judge understands what has happened, then their motion foe default judgment is likely to be denied.

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


Then, the Court will consider the facts, and should deny the default judgment.

I hope this helps and clarifies - good luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,923
102,923 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,923 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
The city has held a foreclosure by sale for unpaid property
The city has held a foreclosure by sale for unpaid property taxes. The motion for committee approval has been made. Can the homeowner file a bankruptcy petition to stay this from happening? This is in… read more
Lori
Lori
Juris Doctor
268 satisfied customers
With a foreclosure notice. Mortgage company has not provided
I'm NM with a foreclosure notice. Mortgage company has not provided any information on right to cure. Not sure how to respond to the summons and don't have a lot of money for an attorney. … read more
Lori
Lori
Juris Doctor
268 satisfied customers
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
Lucy, I completed the foreclosure on my AITD, the property
Hello Lucy, I completed the foreclosure on my AITD, the property was eventually sold to a third party, and I was paid in full for my wrap-around mortgage. However, the original lender was never paid i… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
I was pulled over for a possession charge of 1 to 4 but no
I was pulled over for a possession charge of 1 to 4 but no less than three. The drug wasnt on me at all. It was scattered on my floor boerd while I was being detained … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
A property was bought at foreclosure the buyer has the
A property was bought at foreclosure the buyer has the receipt of the sale but was not recorded so the appraisal distinct has the property still in the owners name that was foreclosed on. How can I ge… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
My civil rights were restored, but not the right to possess
My civil rights were restored, but not the right to possess a firearm after a release from prison in 1984. I now own two real estate firms and often carry large sums of funds to escrow and banks. I am… read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
My brother is in the title of the house and he wants to file
My brother is in the title of the house and he wants to file bankruptcy chapter 7. The problem is that in February 2017 I file Bankrutcy chapter 13 but my case was dissmised in September 2017 and now … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Thanks I'm trying to restore rights with a possession with
Thanks I'm trying to restore rights with a possession with intent of marijuana felony. Is this possible or what is easiest way to make it go away. It was in 1999 of July in SC … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Title 38 establishes that benefit process is to be
Title 38 establishes that benefit process is to be pro-claimant, a long with duty to assist. In short it has been 6 long years bull shit for me. It has been unreasonable delays along with obvious reta… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
I have a question about land possession in the State of
I have a question about land possession in the State of Michigan. This may get a little confusing but here goes. About 30+ years ago my Father, Grandfather and Uncle purchased 2 large pieces of land. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
I was awarded possession of my rental property but they are
I was awarded possession of my rental property but they are horrible hoarders. So I allowed them 24 hours to get packed cuz they've literally boxed up nothing since Thursday. If I let them stay one mo… read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
Is there a title company in Chicago by the name of
Is there a title company in Chicago by the name of Independence Federal … read more
KJL LAW
KJL LAW
Juris Doctorate
1,756 satisfied customers
Can a buyer who completed pof a home with possession but
Can a buyer who completed pof a home with possession but pending conveyance ofvtitle … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I'm in foreclosure they put in a motion for a protective
I'm in foreclosure they put in a motion for a protective order. I'm confused because first it was a summary of strict foreclosure that was continued for an evidenciaryhesring didctrpyin the numbers th… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
My friend was convicted for possession with intent to
My friend was convicted for possession with intent to distribute. He was pulled over within feet of a known crack house. The drugs he was charged with was found on the ground. The original arresting o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I bought a foreclosure property..There is a double wide..Did
I bought a foreclosure property..There is a double wide..Did I purchase just the land or both..Foreclosure ad does not specify except,it does mention any fixture..The land appraises @ $6500 & I pd jus… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
Quiet Title for back property tax foreclosure. If made a
Quiet Title for back property tax foreclosure. If made a error of the defendants name on the notice of intent but the name is ***** ***** the complaint. Can the judge dismiss the case because of the e… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x