Legal Question in Real Estate Law in Florida
Foreclosure
I was serve with a foreclosure lawsuit on Dec2008 and I
never answered. However, the plaintiff has not filed a
request for default as of 3/11/09. I filed a motion for the
lender to produce the original promissory note since they
admitted on the lawsuit that it was destroyed and could
not be located.
Can I request the court for additional time to answer or
should I file a Motion to dismiss for lack of documents?
1 Answer from Attorneys
Re: Foreclosure
As long as you've filed something, they can't get a default from the clerk, they have to get a default from the judge. You should speak with a lawyer about what to file next. For the most part, the "produce the note" trick that you read about on the web or see on TV doesn't really work, but, as I said, ask a lawyer about it after the lawyer looks over your paperwork.
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