How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7091
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
18215332
Type Your Real Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

A Judge dismisses a "motion of standing due to a broken

Customer Question

A Judge dismisses a "motion for lack of standing due to a broken chain of title on the assigments-does not open it and states it is in the wrong court. Does this mean that the claim can not be used again in the lower courts? Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
.
No, this just means that the claim was apparently filed in the incorrect venue and the judge felt that he did not have jurisdiction over the case to make a decision.
.
He essentially just said that he can't make a decision on the motion because it is in the wrong venue and it would need to be refiled in the correct court to be heard.
.
.
thanks
Barrister
Customer: replied 1 year ago.
How will it appear on the record when it is recorded . Motion dismissed with prejudice?-or Dismissed? or should it state the reason ? I used a UCC statute and I guess should have used something from Pa civil procedures. That is why I am asking. Can you give me an idea of what it can say as a title to get it back into the lower level court here. I understand that there are statute that are federal but I have found Pa laws that cover the same claim. The Plaintiff doesn't own the mortgage or the note but this is my 11th year pro se and I need help with procedures I don't know where I made the mistake. Should I not have said they are not the holder in due course? Thank you so much.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 1 year ago.
I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer.
.
I will opt out of the question in favor of another expert who may be able to help further.
.
No need to reply as it will prevent other experts from helping..
.
.
thanks
Barrister
Expert:  Irwin Law replied 1 year ago.
Good Morning. I am another expert here, and I'll try to assist with your question. Please explain more about the status of the case. You say that you have been pro se for 11 years. Has a judgment been entered? In what court is your case pending now. In what court did you attempt to file the Motion To Dismiss? I don't need to know everything that has happened, just which PA court has jurisdiction now.

Related Real Estate Law Questions