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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 24901
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I am a landlord , (start playing the violin) Property is in

Customer Question

I am a landlord , (start playing the violin) Property is in foreclosure, Plaintiff is moving for a Summary Judgement. I need to stall them as long as possible. I want to Motion for Interrogatories, discovery and production.I am the defendant, HOW CAN I PUT THAT IN ONE PARAGRAPH?????
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.
Did you raise any defenses when you filed your answer?
Customer: replied 10 months ago.
Yes,#1 I said that No payments were Due On said Note rendering the note not in default. #2 I stated that the Plaintiff failed to comply with the comply with the terms of note and deed with respect to acceleration of alleged debt. A little Backround info is appropriate . It is a Reverse Mortgage And the Plaintiff is aware that The Borrower NO longer resides their as Her Primary residence.
Customer: replied 10 months ago.
In most of my Answers I Basically Left the Plaintiff to its Proof
Customer: replied 10 months ago.
Denied all the allegations
Expert:  RealEstateAnswer replied 10 months ago.
Thank you. Allow me a moment
Expert:  RealEstateAnswer replied 10 months ago.
If they are moving for summary judgement and you want to buy more time, then a motion in opposition to summary judgment needs to be filed with any supporting affidavits. Summary judgment is entered when there is no genuine issues of material fact so you need to present evidence and show there are issues to prevent the foreclosure and your defenses have merit, which the plaintiffs have to respond to. If their summary judgment is denied then you can make a demand for discovery and defense this
Customer: replied 10 months ago.
I can't Motion for Interrogatories, Discovery & production Now? Why Not? What else Can I Do???
Customer: replied 10 months 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.
Customer: replied 10 months ago.
Lets just finish Dialog here and see where this Goes
Expert:  RealEstateAnswer replied 10 months ago.
You can but if summary judgment is entered it would prevent this from being responded to. As such, you need to file your motion in opposition and when you show there is a genuine issue of material fact you can show the need for discovery.
Customer: replied 10 months ago.
They just filed the Summary motion A day or so ago . It's Not even on short calender. I would guess I have about 6 wks. before it is decided. So once again , Can I file the motion for Interrogatories etc, NOW and Will it have any effectiveness? Lastly, How do I Word it?
Customer: replied 10 months ago.
I am also in the Middle of a Chapter13 .Bankruptcy.
Expert:  RealEstateAnswer replied 10 months ago.
Yes you can and you make a demand for it and follow the rules of civil procedure. You can also contact the clerk of court in the morning for any forms they may have.
Expert:  RealEstateAnswer replied 10 months ago.
If you have a pending BK, they may not be able to proceed so you should make them aware of that since there should be a stay on the proceedings which they would need to obtain relief from
Customer: replied 10 months ago.
I don't think their are any special forms for it. I checked on Judicial website. I belief they obtained a Relief from stay.already. If you can help me , Back to my original question , HOw can I word such a Motion in one Concise , precise Paragraph??? Thats the only way you can significantly help me now.
Expert:  RealEstateAnswer replied 10 months ago.
You want and need to cite the rule and what you are asking for and demanding and I have provided a link below to the rule book
http://www.jud.ct.gov/publications/PracticeBook/PB.pdfYou can reference page 210
Customer: replied 10 months ago.
Looks like I'm going to have to do the leg work myself , Exactly what I WAS trying to avoid. Honestly, Not sure this really helped me?
Expert:  RealEstateAnswer replied 10 months ago.
I do understand but the site does not allow us to provide legal documents or write demands. We can provide you information to use but if you wanted and needed more you can simply contact customer service and they can give you a refund. There is no need to provide any rating and they can issue you a refund as needed
Customer: replied 10 months ago.
I am a gentleman, Irrespective i appreciate you time.
Expert:  RealEstateAnswer replied 10 months ago.
You are welcome and I wish you the best. I appreciate it.
Customer: replied 10 months ago.
thanks