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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11568
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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Ammmy bank is bb&t.. I am one of the customers in 2009 who

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Ammmy bank is bb&t.. I am one of the customers in 2009 who got hit with over overdraft fees when they were theu changing the line of wwithdrawals coming in so a higher anount would be paid first and make bunch of cre debits balance. I had monitored my debit purchases all day and had called bookkkeping to verify all of my debit cards tranactions had paid... I made a deal with the bank recovery to pay the overdraft within 60 days. I had another account there at the bank and the Branch President transferred the money out of this account and applied it to the overdraft fees. This was done a few days after the overdrafts occurred. I owned a bar at the time for 24 years.. I would buy stock every day I opened and pay a bill and buy stock again.
I have a home equity loan with them. The day the bank president transferred that money my home loan was current, my utilities were on and alll my insurances were paid..
I had no stock money and two overdrafted accounts.
It was the Christmas season where I always caught up and I couldn't open.
I went to this bank president and requested to pay the interest on my note and he said no.
My utilities got turned off and they started foreclosure proceedings against me within 90 days.
They refused to allow me to participate in the affordable housing programs. Would not process my application.
I have hearing on my foreclosure for summary judgment.
I want to get that contract declared void because they caused me to default. I lost everything.
Do not answer if you are going to say there is no defending the summary judgment.
Will pay for caselaw that gets the summary judgment denied because lenders actions caused the breach.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 1 year ago.
Hello and thank you for the question. Are you asking how to best defeat summary judgment?
Customer: replied 1 year ago.
I have that foreclosure hearing Wednesday May. 1,2013. They are asking the Judge to grant them a SummaryJudgment on the Petition for Foreclosure. I file a Motion to deny the Summary Judgment I said the contract was void when they took my stock my.stock money. The bank president renig on the agreement the Recovery.unit agreed too. They did not.allow me to participate in the affordable housing program. I don't want to lose my house
Expert:  Infolawyer replied 1 year ago.
What can I answer for you in connection with the motion?
Customer: replied 1 year ago.


This question is clear. I want case law which supports a finding of dismissal of this Motion for Summary Judgment because BB&T did negative things that caused me to default. It is like getting somebody fired so they can't pay rent and then evicting them for failure to pay.


 


The bank president, I believe did a retaliatory on me because I had been involved in a disagreement with a family member at the Kroger's.


 


He knew me. I didn't really know him, but I saw him periodically.


 


I want case law that supports a denial of this Petition for Summary Judgment based on his actions to cause me financial harm.


 


If you do not know the answer; get off the question and allow another expert to answer.


 


I don't have time for you to continue to ask for clarification.


 


It is a defendable motion and I want the defense for it. Do you know the answer? Yes or no. If yes send it. If no, release my money and allow another expert. What is your name?

Expert:  Infolawyer replied 1 year ago.
Going to open this question to my colleagues.
Customer: replied 1 year ago.
No info
Customer: replied 1 year ago.
There is no more info. Are you an attorney?
Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.
So long as another person charges.the.same.$38.as the.previous.lawyer did
Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience. You have already determined the amount that you are going to be charged for your answer. No additional charges will be necessary. We will continue the search for a professional for you.

Regards,
Wendy
Customer: replied 1 year ago.
Ok
Expert:  Fran-mod replied 1 year ago.
Thanks for your patience while we continue our search.
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Thank you for your patience, your business is very important to us, we are waiting on the professional with the right expertise to come online. Please let us know if you would like us to continue searching for a professional or if you would like us to close your question.

We appreciate your understanding!
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Customer: replied 1 year ago.
Continue search
Expert:  Fran-mod replied 1 year ago.
Please understand that it’s rare when we cannot find the right professional. Nevertheless, because you are entitled to your money back with no questions asked, we will process your refund immediately at your request. Please accept our sincere apology. We hope you’ll think of us again when the need arises.
Customer: replied 1 year ago.
Continue searching
Expert:  Fran-mod replied 1 year ago.
We have exhausted our resources, however your question remains open to all consumer protection law professionals.
Customer: replied 1 year ago.
I can't believe yourr experts can't answe that question
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and Welcome to JustAnswer, My name isXXXXX am a licensed, practicing Attorney, but I need certain information from you,

 

A motion for summary judgment can only be granted where there is no genuine issue of material fact, making a trial unnecessary.

 

Your argument that the lender's actions caused you to default on the mortgage and the other arguments contained in your Replies are not enough to defeat the bank's Motion for Summary Judgment. Your arguments are issues properly raised at trial, not at the hearing on this particular Motion. In order to defeat the bank's motion, you must refute the specific grounds on which the lender is basing his right to summary judgment. Therefore, I have to ask you the following and also ask that you number your answers to correspond with the questions,

 

1. In which State do you reside ?

2. Did the bank meet its obligation to satisfy the procedural requirement of setting forth the grounds for summary judgment in the written motion itself ?

 

3. Did your answer to the bank's Complaint in Mortgage Foreclosure contain any affirmative defenses, and if so, did the bank disprove those affirmative defenses in the written motion itself ? (It is not enough for a lender to attempt to disprove these affirmative defenses at the hearing on its Motion; in addition, the bank must explain in the written motion itself the reasons why the borrower's affirmative defenses are not enough to preclude summary judgment. If the bank fails to do so, their request for summary judgment must be denied;

 

4. Did the bank have standing to institute this foreclosure action ? If the bank is not the original lender, it must prove that the assignment of the note and mortgage to the bank and to any predecessor, was proper.

 

Thank you,

ANDREA

 

Customer: replied 1 year ago.
I live in Ky
Expert:  Andrea, Esq. replied 1 year ago.

Please answer questions 2, 3, and 4 in my previous Information Request,

 

Regarding Number 2, please state the grounds which the bank has in its written motion, as its basis for this Motion for Summary Judgment,

 

The grounds are extremely important because that is the only way that the Court will deny their motion. As I stated previously, your arguments are excellent, however, they should be argued at trial. They will not defeat the bank's motion.

 

In order to defeat the bank's motion, you have to refute each ground that it states as its basis for its motion

 

 

Thank you,

 

 

ANDREA

Customer: replied 1 year ago.
I do owe the money. I am in delinquent. They say in the memoranda I did not.attempt to.medigate my damages. I tried to pay the interest and I tried to submit an application for the application and yhey did not even process it and they took no actipnBB&T is a terrible bank. They have more lawsuits than any other bank except Bank of.American.I have my hearing in a couple hours. There goes my house of 38 years I file seberal motions including a motion for the judge to deny that motion and set the case for jury trial. They said.the.case was about $25.00 in overdrafts. It was.about them unpaying my debit.transactions on paper because they already.cleared and I enough to pay them and then they unpay them and pay larger check and make all these smaller bounce. They send out a letter saying I can pay within 90 days and they have their recovery unit to call me and they agree to the 90 days and then the branch president transfers the money out of my account about 15 days after the overdrafts were made. This was my stock money. They kept the money for 35 days. It was Dec. I own a bar. My best month. I had parties booked and I had to cancel because I had no stock. I had that business 25.years. I lost in a few months after that incident.This is not.enough defense then when banks wants to steal property they can interfere with your income so you can't pay. Oh my
Expert:  Andrea, Esq. replied 1 year ago.

No, you are not going to lose your house, if you just follow the thinking and the steps which I have outlined below.

 

1. I know I am repeating myself with this, but it is of the utmost importance, so it bears repeating. In a Motion for Summary Judgment, the Movant (Party filing the Motion) is telling the Judge, "Look, Judge, there is no need to waste time having a whole trial; take a look here and you will see that there is no genuine issue of material fact, so just grant us our Motion for Summary Judgment and we'll call it a day and be on our way;

 

You - ""Judge, there are issues here, we have a difference of opinion and the issues are very material and must be heard by you at trial. They should not be decided here by this Motion."

 

Then you refute each of their allegations in the written motion, For Example -

 

"Bank claims I did not try to mitigate my damages." This is a genuine issue of fact and is certainly material to the case. This is not an issue which can, or should be decided in a Motion for Summary Judgment. I made every attempt to mitigate my damages by:

 

A. I attempted to pay the interest on _____, and on ______, and on ________; each time I attmepted to pay, the bank refused payment. They cannot first refuse my payment so many times, then come here and argue that I made no attempt. Your Honor, that is a total fabrication and a serious misrepresentation in their attempt to mislead the Court;

 

B. On _________ , I told Mr, ________ tat I wanted to participate in the Home Affordable Program (Hamp) (Or, if you asked for refinancing, the Home Affordable Refinancing Program - HARP). I asked for an application several times and I was refused. Your Honor, the Federal Government has paid billions of dollars to banks as an incentive to help homeowners like me be able to participate in one of these Programs that were introduced by President Obama. Yet, the bank refused all of my requests. They cannot deny me access to these Programs, allow me to go into default, then come here and tell the Court that I made no attempt to mitigate my damages. This, too, is another fabrication on their part, calculated to misrepresent the facts and mislead the Court. This is very material to the case and presents a genuine issue of fact which your Honor can decide only at trial, and after hearing all the facts and reviewing all the evidence I will present, not here by way of the plaintiff's Motion just to save itself time and take my home of 38 years;

 

Although the Memorandum of Law in support of their Motion for Summary Judgment is important, from your standpoint, in order to defeat their Motion and have the Judge deny their Motion, you must take each allegation in the bank's written motion and refute it in the same way that I did in A. and B., above. You are showing the Judge that, contrary to the allegations in the bank's motion that there are no issues, you must argue that there are many issues here and a Motion for Summary Judgment is not the proper forum to decide these issues.

 

If the bank attempts to argue a point which it has not included in its written motion, you must immediately object, like this,

 

"Objection, your Honor. This issue was not included in the plaintiff's written motion, I had no notice of this, and, therefore, I was not given the opportunity to prepare a counterargument, and the plaintiff should not be permitted to raise that at this time"

 

Then, you can mention that you had made an agreement with Mr. ________ of the ______________ Department so that your accounts would have enough funds to make your monthly mortgage payments.

 

"Then, Mr. ___________ , the president of the bank, rescinded this agreement without my knowledge or consent and without giving me prior notice and morved my funds to another account, depleting the funds which I was using to make my monthly mortgage payments and caused the default. . This had a domino effect and it was downhill after that". Plaintiff cannot rearrange and redistribute a customer's funds so that the customer cannot make his monthly mortgage payments, set the stage for the customer's default, then tell the customer, 'Oh, well, you defaulted, so we're foreclosing.' There are so many issues which are material to this case, your Honor, that it would be a serious miscarriage of justice, I would be extremely prejudiced, I would suffer irreparable harm, if the plaintiff's Motion for Summary Judgment were granted, whereas, the plaintiff will not, in any way, be prejudiced by going to trial and having your Honor decide the issues"

 

Just remember to refute all additional grounds which the plaintiff has alleged in the written motion and keep repeating that this is yet another Genuine issue which is very much material to the case and cannot and should not be decided by a Motion for Summary Judgment

Do you get the general idea ? Just take it point by point, object where it is necessary to object, and stress, "extreme prejudice to you" , "irreparable harm to you ", "No prejudice to the plaintiff",

 

 

 

I hope I was able to give you a better understanding on how to defeat a Motion for Summary Judgment,

 

Please be kind enough to rate my service to you as "Excellent Service",

 

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA

 

Andrea, Esq., Lawyer
Satisfied Customers: 11568
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 5 other Consumer Protection Law Specialists are ready to help you

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