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lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25386
Experience:  Practicing attorney with expertise in easements
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In a Motion to Dismiss is PA for a foreclosure. How do I present

Customer Question

In a Motion to Dismiss is PA for a foreclosure. How do I present it to the court. Do I take it to Motions Court to get heard, or do I file it and wait for a Judge to go over it and rule on it.

I already have it written out and ready to go.
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  lwpat replied 7 years ago.
You have to file it as an answer to the foreclosure complaint and you have to also serve the attorney for the bank and file your certificate of service at the same time you file your answer with the clerk of court. You use the same heading and format and put "Answer" in place of the complaint. Here is a standard answer.
Customer: replied 7 years ago.
Why would I answer the complaint when I am going to for a motion to dismiss. If I file a motion to dismiss I do not have to answer the complaint. If I lose the motion then I have to file a answer to the complaint.

So my question again is. What is the process of filing a motion to dismiss, I have it ready to go I did not need help writing it, I just need the process on do I go to motions court or another method. Remember I am in PA.
Expert:  lwpat replied 7 years ago.
Here is an article out of the Philadelphia court system on foreclosures and the procedure that I suggest that you review. It has some forms included. You can use the same forms, just change the county/court.

If that does not answer your question, advise and I will opt out.
Customer: replied 7 years ago.
I don't need help writing the motion, I think the question is very easy. I want to know do I take my motion to dismiss to MOTIONS COURT to BE HEARD in front of a judge or do I file it and then let the plaintifss attorney go for motion to stike or what ever they can do.

If you are not sure please opt out and let someone else answer. I really need to know this asap, since I am doign this on Tuesday.

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