How do you answer a Florida foreclosure complaint?

Answer 1

The reason you will find it difficult to get a good response to this question is because no lawyer who is allowed to give advice is going to give advice without seeing the specific complaint (and getting a retainer!). But here is a very general response:

The complaint is the beginning of the court process and each of the paragraphs is an allegation that the mortgage company will have to prove. If you admit all the allegations or if the mortgage company proves all of its allegations (using documents, testimony, affidavits, etc.) or if you don't answer at all, then the mortgage company will get its judgment and will be able to schedule a foreclosure sale.

In your answer, you are supposed to admit or deny (truthfully) each allegation. Anything you admit is established -- the mortgage company has finished proving that piece of its case. Anything you deny, it still has to prove. Sometimes there are allegations that are partially true and partially not. Depending on how it's phrased, it may be appropriate to deny the allegation or it may be appropriate to specify what's true and what's not. Then there are additional legal arguments you can raise called "affirmative defenses." In general, affirmative defenses are kind of "even if..." arguments, as in "Even if everything the mortgage company alleges were true (which it might not be), they're still not entitled to foreclose because...."

You put all this together in a document called an "Answer," send it to the court and send a copy to the other side. Then you're ready to start defending the case and other legal papers and proceedings are going to follow.

So you see, without knowing your precise factual and legal circumstances, no lawyer is going to be able to tell you what to say in your answer. And without getting a fee agreement, not too many lawyers are going to do it for you.

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Well as a person who had to file their own answer to a complaint, I was really freaked out! I spoke to an attorney but he told me that his fees would be as much as the plaintiffs fees, so I didn't really see any help other than trying to get it all thrown out, which wasn't the case for me. I just wanted to pay the fees I owed without having to pay ANY attorney fees, regardless of who's side they were on.

So for anyone out there trying to do it yourself, here is copy of what I filed. All you have to do is admit or deny each of the complaints on your complaint letter. I took 2 copies to the county courthouse (so they could certify one for me and one for them) and mailed one certified to the plaintiffs attorney. I hope it helps anyone who is clueless about what to do and how to respond. Good luck :

IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ORANGE

COUNTY, Florida

CASE NO:

**PLAINTIFF**Corporation,Plaintiff,v.**YOUR NAME**,Defendant.

/

ANSWER AND AFFIRMATIVE DEFENSES

COMES NOW the Defendant, **YOUR NAME**, files this Answer to the Complaint filed herein by the Plaintiffs, **PLAINTIFF**, and would state as follows:

1. The allegations of paragraph 1 are admitted.

2. The allegations of paragraph 2 are admitted.

3. The allegations of paragraph 3 are admitted

4. The allegations of paragraph 4 are admitted.

5. The allegations of paragraph 5 are admitted.

6. The allegations of paragraph 6 are unknown and are therefore denied.

7. The allegations of paragraph 7 are denied as phrased.

8. The allegations of paragraph 8 are unknown to the Defendant and therefore denied.

9. The allegations of paragraph 9 are admitted.

10. The allegations of paragraph 10 are admitted.

11. The allegations of paragraph 11 are admitted that Defendant owes the principal sum and additional assessments that have come due thereafter. The remaining allegations are denied as phrased.

12. The allegations of paragraph 12 denied as phrased.

13. The allegations of paragraph 13 are admitted.

14. The allegations of paragraph 14 are admitted.

15. The allegations of paragraph 15 are unknown and therefore denied.

16. The allegations of paragraph 16 are unknown and therefore denied.

AFFIRMATIVE DEFENSES

1. Plaintiffs attorneys' fees have not been broken down to establish what the attorneys fees are exactly covering, including how many hours were worked, etc

2. The Defendant made several payments to the Plaintiff, all of which were sent back to Defendant except the last one as noted on EXHIBIT B. It should also be noted Defendant has maintained a credit balance with Plaintiff on several occasions over the last 5 years and the account has only recently become past due.

REQUEST FOR CONFERENCE

Defendant, **YOUR NAME**, requests a conference to settle all issues.

I hereby certify that the original was hand filed with the clerk of courts and a copy was sent

by US Mail to **PLAINTIFFS ATTORNEY**, esq. on date **MONTH DAY,YEAR**.

**YOUR NAME**

Pro Se Defendant

**YOUR ADDRESS**

**YOUR PHONE #**