What are: 1)Notice of dropping party defendant? 2)Motion for default? 3)Notice of lead counsel?

Asked over 2 years ago - Miami, FL

Were trying to fight off foreclosure and the bank recently gave us some options but got these papers today in the mail.

Attorney answers (2)

  1. Marshall C Deason Jr.


    Contributor Level 20

    Answered . A notice of dropping party defendant means that the plaintiff has decided not to proceed against one of the people named as a defendant in the lawsuit. Frequently, when a foreclosure suit is filed, the attorney for the plaintiff will not know whether the house is rented to tenants or owner occupied, and will name tenants as defendants. When the attorney finds out that the house is owner occupied, the attorney drops the non-existant tenants as defendants.

    A motion for default is filed when a defendant who was served with a summons and complaint has failed to file an answer within the required twenty days. A default is a determination that because a defendant did not answer, that defendant loses.

    A notice of lead counsel is issued when there are multiple attorneys representing one party and one attorney is chose as "leader of the pack."

    As you can see from these notices that you did not understand, you are probably in over your head trying to represent yourself in the foreclosure action. You should contact an exlperienced foreclosure defense lawyer in your area to represent you in this matter.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Royce Brent Bishop

    Contributor Level 16

    Answered . The bank is letting go of one of the defendants. The bank is saying you HAVE NOT FILED a reponse to the complaint (lawsuit) and are moving for a judgment against you. If they get the default judgment because you have not filed an answer, motion to dimiss, motion for enlargement of time to file a response, or something then the bank will get their default and they you have to go back and convince the judge to get rid of (vacate) the default and you will have to have good reasons, you can't say, I forgot. Notice of lead counsel, I don't know why they are putting this, just means Bob or Sheila or Enrique will be the lead counsel on the case. You need to get attorney, you may have some good defenses and are entitled to mediation. if you don't respond to the complaint and file something with good quality, you will be on the fasttrack to a summary judgement, which is even more difficult to vacate than a default judgment. Visit website.

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