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FiveStarLaw
FiveStarLaw, Attorney
Category: Business Law
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Experience:  25 years of experience helping people like you.
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I cannot find a material fact that is in error in my foreclosure.

Resolved Question:

I cannot find a material fact that is in error in my foreclosure. Does that mean that I can not file an opposition to the plaintiff's motion for summary judgment?
Submitted: 3 years ago.
Category: Business Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Has the plaintiff proven ownership of the loan?
Customer: replied 3 years ago.
I believe they have proven ownership of the loan in section A of the plaintiff's complaint, yes
Expert:  FiveStarLaw replied 3 years ago.
Hello,

Absent a voluntary forbearance by the lender, a Chapter 13 bankruptcy is the only alternative at this point as it does not appear that any defenses remain.


A Chapter 13 bankruptcy would immediately stop the foreclosure action. It could permit you to set up a plan to reinstate your mortgage arrearages. In other words, it could allow you to pay the arrearage over a 5 year period.

The Chapter 13 bankruptcy may also be used to strip away any 2nd mortgage if the first mortgage equals or exceeds the value of the property.

It would be best to retain an attorney. If you cannot, you will want to purchase the forms on line and file them yourself prior to the sale. After you file the petition, you will need to notify the plaintiff.
Customer: replied 3 years ago.

oral argument on the plaintiffs motion for summary judgment is scheduled for next monday. Are these types of motions usually granted when there is not a motion in opposition filed in response? I am merely attempting to delay the motion in order to continue with mediation hearings which were delayed due to my chapter 7 filing which has since been discharged.

Expert:  FiveStarLaw replied 3 years ago.
oral argument on the plaintiffs motion for summary judgment is scheduled for next monday. Are these types of motions usually granted when there is not a motion in opposition filed in response?
almost 100% of the time they are granted if there is not a motion in opposition

I am merely attempting to delay the motion in order to continue with mediation hearings which were delayed due to my chapter 7 filing which has since been discharged.

You can consider asking the court for a continuance in order to allow you to retain counsel. This could buy you an additional several weeks
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36471
Experience: 25 years of experience helping people like you.
FiveStarLaw and 5 other Business Law Specialists are ready to help you

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