Legal Question in Real Estate Law in Florida
I am president of a company and purchased a property last year. I used a private lender for the loan and was charge excessive fees during the process. After closing deal, i discovered fraud with the loan and only made one payment. Property is in foreclosure under companies name however, I signed a joint venture for 50% interest of the property with company. Since suit is in companies name; judge stated i must get an attorney to represent business; however, i told judge i have interest in property. judge stated there is a way for me to sue but get an attorney to prepare documents. I would like to know what possible solutions i can use to not have to pay an attorney to prepare documents that i can prepare myself. Thanks, aj
2 Answers from Attorneys
The Judge is right. A corporation can only be represented by an Attorney in court, except maybe in Small Claims Court.
A Corporation must be represented by an Attorney. If you are named individually on the lawsuit, then you can represent yourself as an individual, but the corporation still needs an attorney. It is really in your best interests to have an attorney assist you. There are certain defenses you must claim in your Answer to the complaint based on federal and state law. You will not find this in a form. You need an attorney to review your facts, apply the applicable federal or state statutory or case law to your case, file other pleadings, and represent you in court. Based on what you have posted here, you may have defenses as well as counterclaims. Do not delay in consulting with an attorney. Good luck.
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