There is a Foreclosure Summary Judgment scheduled. The bank previously filed an Amended Complaint.

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Shouldn't I file a Motion For Leave To File Amended Verified Answers before the Summary Judgment hearing takes place?

5 Attorney Answers

If the court granted the bank's Motion for leave to Amend and filed their Amended Complaint, you are entitled to file an answer without moving for leave to amend. You also need to file a Response to the Motion For Summary Judgment. You may wish to review Florida Rule of Civil Procedure Rule 1.510 Summary Judgment.
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You should file an answer to the amended complaint - please be aware that under the Florida Rules you have to respond within 10 days for an amended complaint. Also, be careful with the summary judgment. There are particular deadlines and evidentiary issues involved with opposing a summary judgment motion. I recommend that you hire a lawyer to assist.
If you missed the original deadline to Answer the Amended Complaint then you need to file a Motion For Leave to File Answer and Affirmative Defenses to the Amended Complaint. If the deadline has not expired since the Plaintiff filed their Amended Complaint, then you don't need leave of Court to Answer, just file your Answer. Summary Judgment can be tricky because you have to file your proof in support of, or proof in opposition to the Motion and do it by certain time deadlines set forth in the Rules of Civil Procedure. If ther is any way you can afford it, you should consult with an attorney to help you.
You can file an answer to the amended complaint without leave if the bank did not default you on the amended complaint. You should read the case law ably outstanding issues and discovery regarding summary judgment. MSJ is a hard standard to pass these days.
It depends. More information is needed. As you can see by the responses above, the answer will depend on some issues such as how long has it been since the amended complaint was filed, and have you been defaulted, etc. You need to consult with a foreclosure defense attorney as soon as possible. Good Luck.

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