Q: I need help on an eviction case Emergency please
I'm the tenant, I answer my eviction and they put a motion to strike that includes a motion to default and other at the same time what to do now
A: I am not sure what position you stated in your Answer, but since you are not a party to the underlying Note and Mortgage, you are only added to the foreclosure action for purposes of the lender or buyer to obtain possession. Since you don't have rights under the Note and Mortgage to dispute the foreclosure case, there isn't any real reason for you to participate in the foreclosure proceedings, except to receive notice. Even if a default is entered against you, you will receive a copy of the Final Judgment, which will have the foreclosure sale date set in it, so you will still be advised and you can plan accordingly. Also, you can always check the status of the case online at the Clerk of Court website for the county where the proceedings are taking place. Best of Luck! Jennifer
A: Sorry about that answer...I saw the foreclosure label and didn't notice that it is actually an eviction question! You would want to consult with an attorney to see if your Answer that you filed is legally sufficient. The opposing party will need to set the matter for hearing before the Judge, so you will want to be sure to attend that hearing. Also, if you have not paid your rent to the Court Registry, you should do that to prevent the default from being entered. Best of Luck! Jennifer
A: Because you did not place court into the registry with your answer which by statute means you defaulted in the case and lost. 83.232 "Failure of the tenant to pay the rent into the court registry pursuant to court order shall be deemed an absolute waiver of the tenant’s defenses. In such case, the landlord is entitled to an immediate default for possession without further notice or hearing thereon."
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