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Motion to File Amended Answer
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN CASE NO: 07-xxxx-CA
STANLEY ABS CAPITAL I, INC., TRUST
2006-HE6, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-HE6,
Plaintiff,
vs.
D.O.
et. al.,
Defendant.
__________________________________/
MOTION FOR LEAVE TO FILE AMENDED ANSWER AND AFFIRMATIVE DEFENSES
The Defendants, De.O and Do.O, file this Motion for Leave to File Amended Answer and Affirmative Defenses and as grounds therefore states:
1. Defendants seek to amend/clarify their answer, by adding affirmative defenses. Years ago Defendants filed their own pro-se answer.
2. “Courts should be especially liberal when leave to amend ‘is sought at or before a hearing on a Motion for Summary Judgment.'” Gate Lands Co. v. Old Ponte Vedra Beach Condo., 715 So.2d 1132, 1135 (Fla. 5th DCA 1998) (quoting Bill Williams Air Conditioning & Heating, Inc. v. Haymarket Co-op. Bank, 592 So. 2d 302, 305 (Fla. 1st DCA 1991)).
3. This is the first request to amend the answer or affirmative defenses and the defenses asserted relate to issues of standing, assignments, failure of Plaintiff to comply with its own documents. In two very recent cases, the court held that the defendants should have been permitted to amend their answer/affirmative defenses at or shortly before the summary judgment hearing. See Laurencio v. Deutsche Bank Nat. Trust Co., No. 2D10-2448, 2011 WL 3111972 (Fla. 2d. DCA, July 27, 2011); Konsulian v. Busey Bank N.A., 61 So.3d 1283 (Fla. 2d DCA 2011)
4. The proposed amended answer and affirmative defenses is filed concurrently herewith.
Wherefore, Defendants, De.O and Do.O, respectfully requests that this court enter an order granting this Motion for Leave to File Answer and Affirmative Defenses.
CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that on October 14, 2011, a true and correct copy of the foregoing was faxed [813-221-9171], and mailed to Ryan Weeks, Esq., Albertelli Law, P.O. Box 23028, Tampa, FL 33623, and faxed [239-261-3659], and mailed Ashley D. Lupo, Esq., Roetzel & Andress, LPA, 850 Park Shore Dr., Fl 3, Naples, FL 34103.
Attorney for Defendants
2100 E. Hallandale Beach Blvd./Suite 200
Hallandale Beach, FL 33009
Telephone: (954) 455-0800
Facsimile: (954) 455-9649
alan@sackrinlaw.com
By__________________________________________
ALAN D. SACKRIN, ESQ. Florida Bar No. 349070
LARRY TOLCHINSKY, ESQ. Florida Bar No 021997
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This is a sample document related to a specific set of facts and circumstances and should not be used or relied upon if any foreclosure, deficiency judgment, short sale or any other real estate matter. We recommend and urge you to consult with an experienced lawyer for professional advice as each case is unique.