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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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My house is in foreclosure and I hired an attorney 3 months

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My house is in foreclosure and I hired an attorney 3 months ago to delay the foreclosure. He filed an answer and now to my surprise my attorney tells me that the plantif's attorney filed a summary motion for tomorrow Septebmer 1st asking the judge to rule against me because my answer is basically worthless. Now the answer is what my attorney wrote for me. Also, my attorney is telling me today for the first time that the motion goes before the Judge tomorrow and now I don't know what I can do. I was lead to belief there would be discovery etc., and that I would have my day in court. Here is a sample of the letter my attorney just e-mailed me today:
"Enclosed herein please find a motion for summary judgment that we received today. Unfortunately, there is not much we can do to respond to this motion, and in fact generally we do not advise even preparing a response. As you will note, the plaintiff has asserted that, it is a delaying tactic and there are no material issues of fact.”
I feel like my attorney is giving up on my case and I feel screwed! Is there anything I can do? thank you, Tom
Thank you for the post Tom, you mentioned wanting your "day in court." What is your defense to the foreclosure action?
Customer: replied 6 years ago.

I don't know, my attorney wrote it, I never even looked at it. He just wrote it and submitted it.

 

I am just shocked that he now just wants to let the Judge rule on a summary Judgment motion and not even try to argue for me.

 

He lead me to believe we would have to do discovery etc., which would give me more time to come up with a solution. I just think it is irresponsible for my attorney to say he is not going to respond to this motion.

 

Tom

Hello, Tom, when you hired your attorney, did you allege that the mortgage company did anything wrong? If not, from your description, it appears your attorney may have taken advantage of you.
Customer: replied 6 years ago.

No we did not allege that the mortgage company did anything wrong. I guess I have been taken advantage of. I thought the mortgage company would have to at least prove the open balance and interest. I didn't think the Judge would just accept whatever the mortgage company stated.

 

So there is nothing I can do? I can't write the Judge myself by fax in the morning asking not to rule against me?

 

Tom

Thank you, XXXXX XXXXX is nothing you can do at this point. I'm sorry, it appears you were mislead on the judicial process in this situation.
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