I received a summons and complaint for a foreclosure of time share. It notes that the defendant (me) owes $2710.25.

Asked over 1 year ago - Miami, FL

This maybe justified as I did not finish my payments. How do I know this is the correct amount and what to I do to pay this and avoid the law suit?

Attorney answers (2)

  1. Michael Patrick Fuino

    Contributor Level 9

    1

    Lawyer agrees

    Answered . The first thing I would suggest you do is consult with an experienced foreclosure defense attorney who will be in a better position to view the facts of your case. More generally, the amount alleged in the complaint can be ascertained utilizing the discovery process, including a request to see the plaintiff's billing records as well as interrogatories directed to these records, which should bring to light why the plaintiff claims you owe what is owed. I would also suggest you attempt an accounting of payments you believe you made to the plaintiff and attempt to reconcile it with the amounts alleged in the complaint as well as the amounts the shown on the plaintiff's billing records.

    Michael P. Fuino, Esq.
    Matthew D. Weidner, P.A.
    (727) 894-3159
    mfuino@mattweidnerlaw.com
    www.weidnerlaw.com

    This answer is for informational purposes only and should not be construed, in any way, as the acceptance of... more
  2. Natalie F Guerra-Valdes

    Contributor Level 13

    Answered . You may want to contact the plaintiff's attorney and let him/her know that your intention is to settle the claim and not litigate. The attorney may provide you with an accounting and hopefully you can get it resolved without litigation. If the plaintiff's attorney is not reasonable or doesn't want to speak to you until after you've responded to the complaint, I recommend that you retain an attorney to defend your interests. Many attorneys on here, including myself, offer free initial consultations.

    Natalie Guerra-Valdes
    (954)764-7878
    nvaldes@valdeslawfirmpa.com
    www.valdeslawfirmpa.com

    The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The... more

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