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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32318
Experience:  Began practicing law in 1992
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I was just in court on the 09/02/16 and the judge granted

Customer Question

I was just in court on the 09/02/16 and the judge granted the bank of new York a summary judgement even though I showed proof that they were not the note holder and the fact that the statute of limintation has runed out and also the fact that I rescinded the loan in 2015 of june way before they started this foreclosure on me in 10/15/2015and I have valid proof that they are not my note holder abd they came to court with a robo-signed assignment that was not original and the judge just ignore everything I had to say cause I did not have a lawyer with me now I have a pre-trial on 09/20/2016 for bank of new York to try and foreclosure also Mers is all over my documents and American wholesale lender which is bogus as my lender and my loan has already been paid off I have that proof as well so I can really used some advise on this matter what do I do next?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: yes in JEW JERSEY
JA: Has anything been filed or reported?
Customer: they filed 1st then I filed an answer we just came from a summary judgement hearing and the judge granted them the win now we go to a pre-trial on the 20th for final judgement
JA: Anything else you want the lawyer to know before I connect you?
Customer: do he have a license to do business in nj? if so how much and when can I see him if not can he refer me someone who can really help me?
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Did the judge give you a reason he granted the Summary Judgment and ignored all of the points you made?

Also, did this Motion for Summary Judgment (MSJ) cover everything in the case or are there still other things that need to be decided?

Customer: replied 2 months ago.
he claim he received no paperwork from me disputing everything I said in court but I filed all my papers in Trenton superior court and have the receipts where I payed for them to the court
Customer: replied 2 months ago.
there are they never show document or finanical statements to prove they brought and pay for anything
Expert:  Dwayne B. replied 2 months ago.

Did you offer the receipts into evidence to show you had paid?

Did you call the clerk as a witness to testify about the receipts?

Customer: replied 2 months ago.
I had all receipts that I paid with me from the court that I filed
Expert:  Dwayne B. replied 2 months ago.

I understand that you had them. To preserve error and complain about what happened on appeal you had to put them into evidence and then you should have called someone from the clerk's office to testify as to what the receipts were. You should have also called yourself as a witness to testify as to the fact that you hand delivered them to the clerk (or got them to the clerk however you did it). In addition, you should have sent the papers by certified mail, return receipt requested to the other side and had the "green card" they had to sign showing they got it.

Customer: replied 2 months ago.
I had all documents to show proof and the judge just ignore me even when he was speaking he was looking at the other attorney saying to him he is granting the summary judgement and he never even mention that I paid $10,000 for a Loan modification on my loan and the fact that at closing I gave $ 22,100.00 and $554.00 at closing and nothing else and they mailed my closing papers to me I never walked out with them at closing they sent them 3 months later to me.
Expert:  Dwayne B. replied 2 months ago.

What question can I answer for you?

Customer: replied 2 months ago.
I had all on that with me but he still didn't want to hear what I had to say he said he still was giving them a judgement anyway
Customer: replied 2 months ago.
what more could I have said he was smiling and so was the attorney so I felt I had no chance to defend myself his mind was already made up
Expert:  Dwayne B. replied 2 months ago.

On a summary judgment it doesn't matter what you had with you, it matters what you filed in a response to the Motion for Summary Judgment.

Customer: replied 2 months ago.
I am doing that right now as we speak
Expert:  Dwayne B. replied 2 months ago.

That's the key now. File a Motion for Rehearing and attach a copy of all of your evidence along with an affidavit stating the copies are true and correct copies.

Customer: replied 2 months ago.
ok
Expert:  Dwayne B. replied 2 months ago.

That not only gives the judge a chance to reconsider, it also preserves the error so you can appeal it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.