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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29658
Experience:  29 years in civil, probate, real estate, elder law
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I dont know if you will remember me but your guidance really

Resolved Question:

I dont know if you will remember me but your guidance really helped me a few weeks ago and I am asking for your guidance again.

Here is what is going on:

7/24/13 Order setting Hearing on dismissal due to inactivity (Judge)
7/26/13 Motion for summary judgement 9/24
7/31/13 Motion to Vacate Hearing on Dismissal for 9/24
7/31/13 Order vacating hearing for dismissal on 9/24
8/01/13 Summary Judgement Scheduling Order
I am trying to finish this but it will not let me. In next response
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Ray :

Hi and welcome back to JA.I am Ray and will be assisting you today.I read your question here.It appears the other side was offering you money to drop your response and contest to their summary judgment.

Ray :

Here if you think you have good grounds to go forward and that you will prevail you probably would not want to accept their offer.

Ray :

Let me know what more you have her it looks like you go cut off.

Customer :

That is what my gut is telling me. The document you directed me to was so helpful. I was able to adjust it and make so many holes in their evidence. You would be proud to read it I am sure. I did notice something and pointed out to the judge that I think is tell tale that they do not have the original loan document. They attached the copy to the original foreclosure that they got from the recorders office because it had the instrument number on it. I also said they lied in their affidavit because of this. What is the next step? What will the judge be issuing next? And when do u think I can expect it? We are in a small rural county in Indiana. Turn around time at the court is usually, what I would say is quick.

Ray :

The judge here will likely over rule their motion since it appears they have holes and set the matter for hearing.It is rare for them to offer you money here it means they likely have many flaws as you state.

Ray :

This should give you more time here before the hearing here.It is possible they make you a better offer if they loose the summary judgment.I am so glad I could help you .

Customer :

They do and have yet to produce that document. Can I motion to dismiss? How long do I have to wait to file motion to compel evidence? Also, can I file motion to quiet title?

Ray :

You can file a motion to dismiss here claiming the failure to produce the note as the basis for it.That might be your next step to see if you can get it dismissed.That would really make them start over.

Ray :

The motion to dismiss would force them to produce it if they have it.It is very possible they don't have it and again might up their offers to you.

Customer :

Request dismiss with prejudice right? Also, can I motion to quiet title?

Ray :

Yes you would want to try for dismissal with prejudice.

Ray :

And you can also raise the issue of quiet title as well and see if the court would rule on that as well.

Ray :

You can spend your time here while you are waiting on these motions.

Ray :

I wish you good luck here with all.

Customer :

I am not interested in their offers. I want them to produce the document or go away and I know they don't have it. You have been a true god send in your guidance. Thank you so so much.

Ray :

You are so welcome.Here are some recent cases that might help you.Go down the page toward bottom until you reach Indiana.

Ray :

Thanks again.

Customer :

No sir, thank you. As my son (11 years) would say: You Rock!!

Ray :

Take care.

Ray :

If you can leave a positive rating it is always much appreciated.

Customer :

Of course I will

Ray, Lawyer
Category: Legal
Satisfied Customers: 29658
Experience: 29 years in civil, probate, real estate, elder law
Ray and 5 other Legal Specialists are ready to help you
Expert:  Ray replied 11 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29658
Experience: 29 years in civil, probate, real estate, elder law
Ray and 5 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

I hope you can see the previous thread; I am in Indiana. Last week I received from their atty. a request for extension on discovery and a letter offering to pay me to move and agree to judgement. Today, I spoke with him.


1-He admitted he does not have original loan doc; he stated there is plenty of case law that says a copy is good enough. In the affidavit from the bank it says he has the original and he did not say lost instrument in filing.


2-He told me I had to submit him my discovery request electronically and that it is the law. Is this correct? I am in Indiana.


I have prepared my motion to dismiss, Should I also prepare a motion to compel? See which one the judge will sign?

Expert:  Ray replied 11 months ago.

1-He admitted he does not have original loan doc; he stated there is plenty of case law that says a copy is good enough. In the affidavit from the bank it says he has the original and he did not say lost instrument in filing.

 

You want to argue otherwise.



2-He told me I had to submit him my discovery request electronically and that it is the law. Is this correct? I am in Indiana.

Rules here below.I do not see that it is mandated but it might be easier for you to send it electronically say a word file.


Check your local rules this might be something local with your specific court.



State rules.
http://www.in.gov/judiciary/rules/trial_proc/

 

Rule 26. General provisions governing discovery (ammended effective Jan. 1, 2013)
Rule 34. Production of documents, electronically stored information, etc. (ammended effective Jan. 1, 2013)
Rule 37. Failure to make or cooperate in discovery; Sanctions (effective January 1, 2008)

 

 



Local rules.

http://www.in.gov/judiciary/2694.htm

Here is some great information that may help you along the way.I would not give up you may well have some good defenses to raise with both motions.The motion to dismiss here seeking to dismiss the suit and the motion to compel to force discovery of evidence that you need.


http://mortgagelawindiana.wordpress.com/

Thanks for letting me help you here .I wish you the best.

Expert:  Ray replied 11 months ago.

Hey he is right about the electronic discovery here's the rule it's in the state rules I gave you above.Sorry it took me a few minutes to look it up.


(A.1) Electronic Format. In addition to service under Rule 5(B) or a .pdf format electronic copy, a party propounding or responding to interrogatories, requests for production or requests for admission shall comply with (a) or (b) of this subsection.

(a) The party shall serve the discovery request or response in an electronic format (either on a disk or as an electronic document attachment) in any commercially available word processing software system. If transmitted on disk, each disk shall be labeled, identifying the caption of the case, the document, and the word processing version in which it is being submitted. If more than one disk is used for the same document, each disk shall be labeled and also shall be sequentially numbered. If transmitted by electronic mail, the document must be accompanied by electronic memorandum providing the forgoing identifying information.

or

(b) The party shall serve the opposing party with a verified statement that the attorney or party appearing pro se lacks the equipment and is unable to transmit the discovery as required by this rule.

You can do a verified statement as set out in b above if you cannot do it electronically since you are pro se..

Thanks again and the best as always.

Customer: replied 11 months ago.

Thank you for that and I will do that.


 


How is best to point out to the judge that he has been ??? (I'm not sure how to put it). He told me that he has a copy and there is case law that says that is good enough.


 


Should i point out in motion to compel? dismiss? or in a letter? Can I turn in dismiss and compel and objection to time extension at the same time?

Expert:  Ray replied 11 months ago.
You would argue that the original here is the best evidence and that a copy may have been modified or is unworthy.And there woudl be no witnesses here to authenticate the signatures, etc.I looked at cases could not find any such case.You can ask him for his case law see if he is bluffing.

Customer: replied 11 months ago.

I understand but what format do I present that argument? It is already on my motion to dismiss.


 


Would it also go on the motion to compel?


 


Also, can I turn in all the forms at the same time? Will that make judge mad?


 


 

Expert:  Ray replied 11 months ago.

I understand but what format do I present that argument? It is already on my motion to dismiss.

Then you have raised it properly.No need to raise it elsewhere.


Would it also go on the motion to compel?

 

Only in that you are asking for the origianl and make him advise the court thatt hey do not have it.This really supports your already filed motion to dismiss.

 

Also, can I turn in all the forms at the same time? Will that make judge mad?

 

No you can file them whenever you choose.They all go into court's file and will get heard and ruled on.

Thanks again .

Customer: replied 11 months ago.

Thank you so much!

Expert:  Ray replied 11 months ago.
You are so welcome.I wish you the best here.
Expert:  Ray replied 11 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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