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Are exhibits permissible as attachments to a Court Approved Amended Answer and Affirmative Defenses in a Foreclosure Matter?

Orlando, FL |

(1) Are Exhibits permissible as attachments to an Amended Answer and Affirmative Defenses in a Foreclosure Matter after the interrogatories have been exhausted? An Order of Court is on hand allowing this filing to take place.
(2) If the Exhibits are not permissible in this filing, when and at what stage can they be filed?
The Exhibits number in excess of twenty five after a thorough Forensic Investigation had taken place.
Thank you in anticipation for your kind assistance.

Attorney Answers 3

  1. Exhibits to pleadings have nothing to do with interrogatories.

    Attachments to pleadings are governed by Rule 1.130, Florida Rules of Civil Procedure. The rules are available at:$FILE/Civil.pdf

    If exhibits are not permissible, the other party can move to strike them. It is best to have an attorney help you with this. To properly answer your question, the attorney can review all the court documents, including but not limited the order you say is "on hand," and discuss the case with you. See an attorney who practices in the area of foreclosure defense. You can find on on AVVO. If you don't have luck with one attorney, see two or three. Find one you're comfortable with, but find one. You need one.

    Good luck to you.

    To schedule a consultation, call my office at 407-965-5519. I am licensed to practice in Florida only. My answer does not create an attorney-client relationship, nor does it constitute legal advice. Proper legal advice can only be given after learning all circumstances and conducting a comprehensive examination, including being able to ask questions, and cannot be given just from reading one question on an Q&A board such as this.

  2. My colleague's response is correct. However, just because the trial court permitted you to file exhibits does not necessarily mean you should. Forensic investigation? Twenty-five exhibits? It sounds like you have substantial time and resources invested in defending your own case. Unfortunately, you are likely to discover too late that there are very few true affirmative defenses in a foreclosure case, and unless you have plead those few defenses properly your trial judge may be quite unsympathetic if you have not also diligently attempted to modify your loan or attempted a short sale during the foreclosure process. I recommend that you hire a foreclosure attorney now.

  3. I agree with the the answers of the other two attorneys and in answer to your question 2), you would bring in the exhibits, if relevant, in reply to a summary judgment motion and at trial, if summary judgment is denied. Although an Affirmative Defense is essentially, "Even if I did(n't) do what the Plaintiff said I did(n't) do, I shouldn't be held liable/at fault, etc. because of...." So, for instance, self-defense is an affirmative defense. But you need to prove what you allege. And your evidence needs to be admissible in Court. You can't just give the Court documents you think prove your case and have the Court admit them into evidence or give them any weight. Not everything is admissible even if you think it's relevant. For this, you really need to see a lawyer.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.

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