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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1923
Experience:  10 years practicing IP law and general litigation
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I received foreclosure papers today on a house I no longer

Resolved Question:

I received foreclosure papers today on a house I no longer own and have not owned for over 4 years. I have the documentation to prove this. The attorney that filed this is incarcerated and the Bank of New York is out of business, and I sold the house in 2009. My mortgage was with Bank of America anyhow. The courts said the burden of proof is on me. They told me to get a hold of the attorney and bank???????? I faxed the courts a letter and documentation, do I still have to go to court?
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.
I hope this message finds you well, present circumstances excluded. It is my legal opinion that even though you are clearly in the right and even though you have provided the documentation to the court to illustrate that you are right, in an abundance of caution, the best move for you, legally speaking, is to show up for court.

The reasons for this are multiple and are as follows:
(1) You are the only person that can argue on your behalf...the judge will not take the documents and make the argument for you;
(2) This may be your only opportunity to defend yourself;
(3) The court hearing will give you ample opportunity to explain, while under oath, the documentation you presented and its relevance and context;
(4) If the judge has any additional questions, he can ask you in the flesh and you will be there to answer; and
(5) If there are attorneys present for the opposite side, you can bet that they will attempt to paint you as someone who walks out on obligations and illustration of that is you not showing up for court...you need to be there to defend yourself because the attorneys will not care who you are or that you are not the right person to be foreclosed upon.

In short, if a default judgment is rendered against you, there will be a severe uphill battle for you in the appeals process. You need to be present to explain the situation and make sure it does not happen. You can also request your expenses be paid by the opposite party when you win the case.

Let me know if you have any additional questions or comments.

Best wishes going forward!
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1923
Experience: 10 years practicing IP law and general litigation
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