Order Granting Plaintiff;s Motion for Leave to File First Amended Complaint

Attorney answers (4)

1. Licensed in FL

   

   Carol Graham

   Kissimmee Landlord / Tenant Lawyer

   Contributor Level 17

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   Answered February 15, 2013 07:19. The property owner is being sued to foreclose on the property.
   The plaintiff (likely a bank or HOA) wants to change something in their original filing.
   So, the judge will make a decision and issue an Order.
   
   Do you have a written lease agreement?
   Is it month-to-month or do you have a term like one year?
   When does the term expire?
   
   Did you sign the written lease agreement before or after you found out the foreclosure was happening?
   
   There is a federal act from 2009 called Protecting Tenants at Risk of Foreclosure. In the event of a foreclosure sale, you may have certain protections. Like 90 days' notice from the new owner. Or maybe the new owner will have to honor your year-long lease.
   
   Continue to pay rent to the current owner. Do not cease to pay the current owner unless the judge orders you to pay someone else.
   
   Once the foreclosure sale goes through (and it may not, the current owner may be able to save it between now and the end of the foreclosure case) then you would hear from the new owner and begin paying the new owner.
   
   If you'd like more in depth information, make an appointment with a local landlord tenant lawyer or a foreclosure attorney.
   
   Good luck.

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2. Licensed in FL

   

   Will Murphy

   Hollywood Lawsuit / Dispute Attorney

   Contributor Level 14

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   Answered February 15, 2013 06:37. The plaintiff wanted to change their complaint. The court allowed them to file a new complaint to replace the original one. You will need to respond to the new complaint if you intend to defend the case.

   There is no substitute for the professional advice of an attorney who knows your case and represents you. My post... moreThere is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution. less

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3. Licensed in FL

   

   Cristen Messina

   Wesley Chapel Real Estate Attorney

   Contributor Level 10

   3

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   Answered February 15, 2013 07:10. I agree with my colleague, however, I will just add that as a tenant, you have certain rights when the property you are renting is being foreclosed upon. I suggest you consult with a real estate attorney in your area to ensure that you are protected. Good luck.

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4. Licensed in FL

   

   Richard SachsPro

   Fort Lauderdale Lawsuit / Dispute Attorney

   Contributor Level 7

   

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   Answered February 19, 2013 18:33. Your landlord has asked the court for permission to change, revise, or add to the original complaint. Amending the complaint is a normal occurrence in lawsuits. Good luck!

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