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Florida. We are doing a foreclosure wherein the State of…

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Florida. We are doing...

Florida. We are doing a foreclosure wherein the State of Florida has a judgment against the owner of the property. We served the attorney general and they filed an answer stating we had the wrong party? The judgment recorded only shows State of Florida as the Plaintiff.

Lawyer's Assistant: What's the status of any foreclosure proceedings?

If the recorded judgment shows the state of florida as the creditor, how could that be the wrong party?

Submitted: 9 months ago.Category: Legal
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Answered in 20 minutes by:
8/1/2017
Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,243
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the State was the one who foreclosed, you do not have the wrong party. However, you need to find out which agency with the state of FL had the judgment and you need to name the director of the agency as director and the agency as parties to your complaint. Once you find this out you can file an amended complaint adding in that information.
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Customer reply replied 9 months ago
Where in any statute or rule of procedure does it tell you to find out what agency has the judgment when the judgment just states, State of Florida?
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

It is the general rules on pleadings, you have to name the proper party on the suit. The state acts through agencies and agencies act through directors. You need to just specify which agency had the judgment so that the proper agency may defend your complaint. FL Rule of Civil Procedure 1.210 states that a party is someone whose presence is necessary to make a proper judgment on the matter before the court. The State of FL is a huge bureaucracy like every other government, so the proper agency is needed to defend the complaint you have.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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