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Law Educator, Esq. (Only) I filed amended motion to dismiss…

Law Educator, Esq. (Only) I filed...
Law Educator, Esq. (Only)
I filed amended motion to dismiss before. You advised me yesterday to amend it and add the homestead exemption issue. should I withdraw the first amended motion to dismiss and file this or I should file second amended motion to dismiss.
(This is the regular woman.
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Answered in 2 hours by:
9/26/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Sorry, I cannot keep track, you have filed so much in this case.

However, since you already amended the motion to dismiss, which caused all the confusion with the clerk and court, DO NOT AMEND AGAIN. What I would suggest as an alternative is just file an "Objection to Foreclosure on Judgment Lien" and you would simply state that in the event the court finds the lien valid, they should not order seizure because the equity in the home is protected by the homestead exemption and there is a primary mortgage lien who has priority on the property and as such foreclosure and seizure would be improper under your homestead protection.

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Customer reply replied 10 months ago
Will that not mean that we will go through the whole trial and then they can not foreclosure on the property? If they are not going to be able to foreclosure on the property which is the only reason for the trial, I think it will be a waste of everyone's time and Court resources to go through the trial. I am thinking that it will be better for us if I file second amended motion to dismiss and include that issue in it. if the Court sees that the plaintiff is not going to be able to foreclose on the house, there will be no point to go through with the trial and then the complaint can be dismissed because of that. What do you think?

Thank you for your reply.

It means that the court could have no choice but to dismiss the foreclosure parts of the case, since the primary mortgage takes any proceeds of a foreclosure sale first and you can protect your homestead exemption. Of course, as I said before and your attorney said, bankruptcy could put an end to this completely by discharging this debt and allowing you to confirm your home mortgage and keep your home.

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Customer reply replied 10 months ago
should I just file 2nd amendment to the motion to dismiss the foreclosure complaint so that I just add this issue to it? at least that will put an end to the foreclosure part of the case if they dismiss it, so that I can concentrate and pursue the motion to vacate the original judgment. Or you advice that I should put this issue on objection to foreclosure on judgment lien and let the foreclosure go on like you earlier advicd.
Customer reply replied 10 months ago
I marked the motion to dismiss off the last time, I have not reclaimed it yet. This will be the right time to amend it, so that I just don't reclaim the other one.

Thank you for your reply.

You have that option, file another amended motion to dismiss. Your second option is to file an objection to the seizure of the property claiming the primary mortgage and the homestead exemption prevents the taking of the property..

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Customer reply replied 10 months ago
Okay.
I think that I will just amend, if they dismiss it then We don't have to go through trial if it is going to be the same result.

Thank you for your reply.

That is fine. I would keep bankruptcy in the back of your mind to file immediately if you lose this case for any reason.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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Customer reply replied 10 months ago
Okay.
Thank you so much.

thank you.

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