Legal Question in Business Law in Florida

voluntary foreclosure

We bought a biz & shortly after filed suit for breach of contract and non-delivery of equip. We have a note w/seller and stop paying because of breaches of contract. We are personal guarantors of the note. A UCC is in place on equip. Our atty has dropped us. Now we are just responding to their counter claim of non-pmt. We want to walk away from the failing biz and will be filing a BK soon. We want to do a volunatary foreclosure so the sellers are forced to get their equip therefore crediting us $$ before a trial date is set. Can we do this and what should we file in the court; motion, amendment, etc...?


Asked on 12/06/07, 10:46 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: voluntary foreclosure

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your suit is way to complex for it to be answered in a paragraph or two. You need to meet with another attorney who can review all the facts of the case and the pleadings filed and then point you in the right direction. If you are a corporation, you cannot represent yourself but must use a licensed attorney under Florida law.

Scott R. Jay, Esq.

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Answered on 12/13/07, 1:07 am


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