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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42909
Experience:  30 years in civil, probate, real estate, elder law
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I am a prose defendant in a foreclosure, filed 9/2013,

Customer Question

I am a prose defendant in a foreclosure, filed 9/2013, plaintiff filed a SJ July 15 2015, I later filed an opposition to the sj, plaint sinse file affirmation in support of sj. ( different attys) is there a S.L., it is over 14 months?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: NYS, yes, plain. filed affirmation in support, I filed a reply to that affirmation, in 5/2016
JA: Has anything been filed or reported?
Customer: plaintiff filed a LP estension 9-20-2016, I will fill an opposition to that because, as counsel I was not notified, more importantly, the LP containened new details, facts, completely different that the orig. lp
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, in my opposition to SJ, I 100% demonstrated the note was robo signed, by a NON notary, the mortgage used in the chain of title was Never recorded as descriped in complaint, the plaintiff during this action ( bank) repeatedly requested I call them!! and they will send a N.P. to my home " to record the mortgageas required" !! after 1 1/2 of tring to F/C !
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 1 year ago.

You might want to file your own MSJ here based on the robo signing.This would give you summary judgment in your favor .It would be a means to try and prevail and get rid of the suit.You would at least put them on the defensive and maybe prevail in this matter.You can use their MSJ for form and modify it to your side.

It sounds like you have good facts here to argue SJ for your side.It is worth trying for.Eventually this case will be dismissed by the judge for lack of activity.An MSJ might help expedite resolution on your side and would be a means to try and get resolution in NY.

Expert:  Ray replied 1 year ago.

Civil Practice Law & Rules 3212

CPLR 3212: Motion for summary judgment

CPLR 3212

Motion for summary judgment

(a) Time; kind of action.

Any party may move for summary judgment in any action, after issue has been joined; provided however, that the court may set a date after which no such motion may be made, such date being no earlier than thirty days after the filing of the note of issue. If no such date is set by the court, such motion shall be made no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown.

(b) Supporting proof; grounds; relief to either party.

A motion for summary judgment shall be supported by affidavit, by a copy of the pleadings and by other available proof, such as depositions and written admissions. The affidavit shall be by a person having knowledge of the facts; it shall recite all the material facts; and it shall show that there is no defense to the cause of action or that the cause of action or defense has no merit. The motion shall be granted if, upon all the papers and proof submitted, the cause of action or defense shall be established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party. Except as provided in subdivision (c) of this rule the motion shall be denied if any party shall show facts sufficient to require a trial of any issue of fact. If it shall appear that any party other than the moving party is entitled to a summary judgment, the court may grant such judgment without the necessity of a cross-motion.

(c) Immediate trial.

If it appears that the only triable issues of fact arising on a motion for summary judgment relate to the amount or extent of damages, or if the motion is based on any of the grounds enumerated in subdivision (a) or (b) of rule 3211, the court may, when appropriate for the expeditious disposition of the controversy, order an immediate trial of such issues of fact raised by the motion, before a referee, before the court, or before the court and a jury, whichever may be proper.

(e) Partial summary judgment; severance.

In a matrimonial action summary judgment may not be granted in favor of the non-moving party. In any other action summary judgment may be granted as to one or more causes of action, or part thereof, in favor of any one or more parties, to the extent warranted, on such terms as may be just. The court may also direct: 1. that the cause of action as to which summary judgment is granted shall be severed from any remaining cause of action; or 2. that the entry of the summary judgment shall be held in abeyance pending the determination of any remaining cause of action.

(f) Facts unavailable to opposing party.

Should it appear from affidavits submitted in opposition to the motion that facts essential to justify opposition may exist but cannot then be stated, the court may deny the motion or may order a continuance to permit affidavits to be obtained or disclosure to be had and may make such other order as may be just.

(g) Limitation of issues of fact for trial.

If a motion for summary judgment is denied or is granted in part, the court, by examining the papers before it and, in the discretion of the court, by interrogating counsel, shall, if practicable, ascertain what facts are not in dispute or are incontrovertible. It shall thereupon make an order specifying such facts and they shall be deemed established for all purposes in the action. The court may make any order as may aid in the disposition of the action.

(h) Standards for summary judgment in certain cases involving public petition and participation.

A motion for summary judgment, in which the moving party has demonstrated that the action, claim, cross claim or counterclaim subject to the motion is an action involving public petition and participation, as defined in paragraph (a) of subdivision one of section seventy-six-a of the civil rights law, shall be granted unless the party responding to the motion demonstrates that the action, claim, cross claim or counterclaim has a substantial basis in fact and law or is supported by a substantial argument for an extension, modification or reversal of existing law. The court shall grant preference in the hearing of such motion.

(i) Standards for summary judgment in certain cases involving licensed architects, engineers, land surveyors or landscape architects.

A motion for summary judgment, in which the moving party has demonstrated that the action, claim, cross claim or counterclaim subject to the motion is an action in which a notice of claim must be served on a licensed architect, engineer, land surveyor or landscape architect pursuant to the provisions of subdivision one of section two hundred fourteen of this chapter, shall be granted unless the party responding to the motion demonstrates that a substantial basis in fact and in law exists to believe that the performance, conduct or omission complained of such licensed architect, engineer, land surveyor or landscape architect or such firm as set forth in the notice of claim was negligent and that such performance, conduct or omission was a proximate cause of personal injury, wrongful death or property damage complained of by the claimant or is supported by a substantial argument for an extension, modification or reversal of existing law. The court shall grant a preference in the hearing of such motion.

I appreciate the chance to help you today.Thanks again.

Customer: replied 1 year ago.
Thank you sir, As mentioned, this case was filed 9/2013, one of my defenses has been, org. complaitant, sold equity june 2015, then another sold jan, 2016, now another bank is supposed to be complaintant, the original lacked standing, of course the others think by issuing payment statements, they can fudge the truth, also the debt is not owed, they are making fugul attempts on my property, although the orig. NEVER, filed, recorded, notarized, executed the LM of 3-2010, only in 2015 did they plead with me to allow them to come to my home with a notary, and they will "record as is a requirment deeds and records" !!!! ( laughbale)
Expert:  Ray replied 1 year ago.

Yes I see this all the time.Maybe an MSJ here might get you on the offensive and them on the defensive.Judges bend over backwards for lenders, as you state here they are missing the really critical documents.This might be a good way to force resolution.It puts you on the offensive to seek judgment here, put up or shut up for them time.

Thanks again.

Expert:  Ray replied 1 year ago.

Good luck here with all if you can rate 5 stars it is always much appreciated.