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Jack R.
Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6147
Experience:  Mediator, part of the Ohio Save the Dream Foreclosure project
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(2) jUDGEMENTS HAVE BEEN PASSED DOWN ON A CIVIL FORECLOSURE

Resolved Question:

(2) jUDGEMENTS HAVE BEEN PASSED DOWN ON A CIVIL FORECLOSURE CASED WITHOUT SEEING MY EXHIBITS OR EVIDENCE AND PROOF THAT INACCURATE NUMBERS AND PLAINTIFF SUBMITTING FRAUDULENT DOCUMENTATION TO THE COURTS WITH OUT ADDRESSING MY DOCUMENTS IN A COURT OF LAW? AND EXPLAIN TO ME WHY HAS THE SAME BANK WHO COMMITTED THIS FRUAD,CONVICTED, AND SCHEDULED TO PAYOUT OUT $250 BILLION DOLLARS IN FINES SINCE FEBUARY OF THIS YEAR WHO WAS ONE OF THE CONSUMERS WHO WAS FRAUDED. HOW CAN THE BANKS STILL BEING ABLE TO MOVE WITH IMMUNITY AND GET JUDGEMENTS IN A USA COURT OF LAW AFTER THESE JUDGEMENTS HAVE BEEN PUT ON THE FEDERAL BOOKS AT THE INTERNAL GENERALS OFFICE WASHINGTON DC?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Jack R. replied 1 year ago.

Thank you for choosing Just Answer.

 

-Could you explain your situation a little more?

 

Did you file an answer to the foreclosure complaint ?

 

Did you answer list any defenses to the foreclosure ?

What were l they.

 

Were the judgments handed down as part of a "default judgment"

 

Were the judgment handed down as part of a summary judgment ?

 

Did you respond to either the default judgment or summary judgment ?

 

I will be better able to assist you if you could answer the above.

 

Customer: replied 1 year ago.


Pricepe and Summary Judgment were both handled and answered PRO-SE based on the Overwhelming evidence. This information was submitted to the courts back in "11". No one on our side was ever informed of a court date for the Judge in "11", even though a judgment notice came in favor of the BANKS the day after Thanksgiving "011"? Hmm? Is that legal after we followed all the legal steps and the banks and their servcer henchman have not? 2013 has yet to bring this fruadulent froeclosure mess to an end when will it stop!!!!

Expert:  Jack R. replied 1 year ago.

 

Your avenue to appeal summary judgment was in 2011, and a rehearing based on fraudulent evidence of the Plaintiff probably expired in late 2012.

 

Summary judgment is not about overwhelming evidence. It is about establishing that a question of fact exists that is material to the action. You as the respondent in most cases cannot win a case through plaintiff's motion for summary judgment. The judge should have in his ruling identified what was reviewed and the basis for his/her ruling.

 

I don't have the benefit of seeing what the summary judgment brief stated and what your response stated. So, I am guessing as to what may have happened. But, in order for the judge to find for the plaintiff he must assume your evidence presented with your opposition memorandum was factual and in the best light for you,. The judge ruled that assuming your evidence was factual and viewed in your favor you still have no legal basis to win. OR in the alternative your evidence was not proper either in form, or in content so it was not considered. I also suspect you did not ask for oral argument on your summary judgment response. In either case you need to read the judges ruling to see what happened.

 

It is not mandatory that a hearing is held for summary judgment and it is quite possible the judge ruled without holding a hearing. You should look at the court's docket to see if a summary judgment hearing was held.

 

At this point you will need to engage local counsel to review what happened. After 2 years however, most of you legal avenues to contest the ruling are gone.

 

I am truly sorry this has happened to you. This is why it is highly recommended that an attorney is hired to protect your rights.

 

Please rate my response appropriately so I may receive credit for my answer.

 

 

 

Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6147
Experience: Mediator, part of the Ohio Save the Dream Foreclosure project
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