2 timeshare condoo i got behind on fees and assessments.
Attorney told me to make paymenents which i did. two months later i received a summons and complaint where i had been added to a complaint with a dozen other condos (people who did not have an agreement to make payments. i continued to make payments and paid in full by the end of April 2011
I also and requested rental of a unit not in forclosure which they rented and i further directed them to apply the proceeds to the units in forclosure. They thought since they already have litigation going they would let the court deal with the debt and applied my proceeds to the unit not in the action against my several request. and the knowledge that the reason i put my unit up for rent was to resolve the foreclosure.
I filed an answer denyning there claims and stating that attorney had agreement to accept payments and later filed a motion to dismiss and compell plaintiff fo provide me with verification funds were distributed as i requesed. since tht they have filed for summary judjment.
Claiming i still money i paid ( becasue they misapplied the money ) and 375.00 for attorney fees noW remember the attorney is going to receive attorney fees for the entire complaint becasue knowone else is challenging the case he will recive aprox 4000.00 for that but the assoiastion thinks it fair to ask 375.00 from me to compensate them back for there deceptive behavior in collection this debt.
#1) HOW DO I DEFEND SUMMARY JUDGEMENT- I HAVE THE PAID THE FEES IN FULL IN FACT I HAVE MADE PAYMENTS ON THE UNIT NOT IN FORECLOSURE
#2) CAN THEY WIN ON ATTORNEY FEES ALONE
#3) BECASUE THESE THINGS HAPPENED AFTER MY ANSWER CAN I FILE A SUPPLEMENTAL ANSWER SO THAT I CAN USE AFFIRMITIVE ANSWERS LIKE VIOLATION OF FDCPA AND OTHER FLORIDA STATUTES
#4 DO I HAVE TO FILE A MOTION TO OPPOSE SUMMARY JUDGEMENT
While I’d like to be of assistance here, you really need to discuss these issues with an attorney licensed in your state. You need legal advice.
I agree, it sounds like you got swept up in a mess you should not have been but with time so short and the fact you’ve already been included, don’t mess around, get a lawyer.
Please post your responses and follow-up messages to me on this in the comments section below.