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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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Summary Judgment was granted to Plaintiff(Bank). Prior to Summary

Customer Question

Summary Judgment was granted to Plaintiff(Bank). Prior to Summary Judgment, Plaintiff has asked For Leave to file an amended complaint because a modification of a loan which was suppose to be a modification and not a refinance, but the mod had actually changed the loan number and the form used was changed to a FannieMae/FreddieMac form. The following month, FannieMae bought the loan from a concealed securitized Loan Trust. The Plaintiff filed an amended complaint after summary judgment was granted. Can Plaintiff file an amended complaint after summary judgment ?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Did the court grant plaintiff's motion to file an amended complaint after granting summary judgment to plaintiff? Are there any issues which remain pending or did the summary judgment dispose of all issues?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Motion to Amend Complaint was not scheduled for hearing on the Summary Judgment hearing date nor was it ruled on that day. Judge granted S/J in his Order, but doesn't strike Answers and Counterclaims. Plus, the judge stated that Plaintiff presented original Note, Mortgage and Assignment which was a complete false statement. In Plt's. amended complaint, in parenthesis, "Adding Loan Modification Information", but they didn't state that the loan number was changed. Original Note and Mortgage loan number was different. Later, an Assignment had the new loan number. Amended complaint was just JEFIS filed without notice to defendants(and Court ?).

Expert:  Tina replied 1 year ago.
Thank you for providing this additional information, Eugene.

Normally, if a motion for summary judgment is granted, that is the final judgment of the court and no further proceedings are filed unless the summary judgment did not dispose of all the issues or the parties file post-judgment motions.

You could file a motion for reconsideration and a new hearing based on the errors you point out here by the court. If the court denies your motion, then you will have preserved the errors for appeal and could appeal the judgment.

If the summary judgment was granted without the court ruling on the motion to file an amended complaint, then the original complaint would typically govern the case and there would be no need for the court to rule on the motion to amend the complaint since the case would have concluded based on the pleadings contained in the original complaint.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

The purpose to amend the complaint was to include the modification that was not included in the original complaint, but the plaintiff tried to obtain a summary judgment w/o the modification which seems they accomplished as you say. So, an amended complaint filed after summary judgment is meaningless ?

Expert:  Tina replied 1 year ago.
Yes, an amended complaint filed after summary judgment has been granted would not be effective typically unless the court ordered them to file the amended complaint in the order of summary judgment. But then, the defendant would typically have an opportunity to file a response to the complaint. Since summary judgment was already granted, the case would typically have concluded at that point.
Tina, Lawyer
Category: Legal
Satisfied Customers: 31690
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 4 other Legal Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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