Legal Question in Real Estate Law in Florida

I am presuming this is a partnership and not a corporation. If you have a loan against the property, I am sure it is a valid foreclosure, it is just improperly plead and/or you have a valid defense. They have to serve each party on the deed. Your defense in this matter is failure to serve an indispensible party who is an owner of the property. Once you plead this defense, if the plaintiff does not correct, there is case law which supports a motion to dismiss on this grounds. I am sure there are other defenses within the paperwork as well. I would recommend you have a foreclosure defense attorney review prior to you filing a response.

It depends on the mortgage agreement and the way in which your business is set up. The Plaintiff will be allowed to add that party if necessary. Consult with an attorney before doing anything because you want to make sure you plead all of the defenses available to you. Regards,