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My mortgage company filed for forecloseure on our mortgage. Since that time the mortgage was sold (effective 1-23-09). The attorney's for our old mortgage holder had filed for motion of summary judgement and it was granted yesterday (2-2-09). What do I do? File for dismissal? Please help.

Submitted: 291 days and 6 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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delaware, Ohio

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Answer

Thank you for contacting Just Answer. I look forward to assisting you.

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

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The motion for summary judgment being granted effectively closed the case, granting a judgment against you to the plaintiff (your old mortgage holder). Since the case is now closed, really the only thing you can do is appeal the order granting summary judgment to plaintiff. You have a limited time in which you can appeal the matter, so run -- do not walk, RUN -- to your nearest appellate attorney to see what, if anything, can be done for you at this point.

I should mention that summary judgment motions ("MSJ") are not granted easily; they are scrutinized by the court and the motion must be examined in the light most favorable to the non-moving party (you). It could be a tough sell to get the MSJ overturned and the case re-opened.

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Expert: Nancy Delain
Pos. Feedback: 92.3 %
Accepts: 
Answered: 2/5/2009

Attorney

Registered Patent Attorney (1/2005); Attorney at Law (1/2004); M.S., Tech Writing (5/1981)

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