Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

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.
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 hours by:
9/26/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,138
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Legal Question

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.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 2 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.

Ask Your Own Legal Question
Customer reply replied 2 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 2 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..

Ask Your Own Legal Question
Customer reply replied 2 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: 120,138
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 2 months ago
Okay.
Thank you so much.

thank you.

Ask Your Own Legal Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 120,138
120,138 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,325 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,642 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

120,138 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

290 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Can you tell me how to respond to a motion to dismiss I am
please can you tell me how to respond to a motion to dismiss I am the plaintiff … read more
Ray
Ray
Lawyer
Doctoral Degree
30,492 satisfied customers
Esq.(ONLY) Motion to dismiss the foreclosure complaint was
For Law Educator, Esq.(ONLY) Good day, Motion to dismiss the foreclosure complaint was denied. I am preparing to file objection to the foreclosure complaint base on the fact that the property is prote… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
120,138 satisfied customers
1) I have to answer a motion to dismiss where I am the
Second opinion] Hello 1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what… read more
socrateaser
socrateaser
1,031 satisfied customers
If a person filed a motion to dismiss a bankruptcy case and
If a person filed a motion to dismiss a bankruptcy case and that point of the motion was clarified. Can a bankruptcy be dismissed because that person brings up other points in court that were not on t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,353 satisfied customers
I filed a motion to dismiss on the grounds of res judicata.
I filed a motion to dismiss on the grounds of res judicata. I am still involved in the case as it is set for trial in December. In 1998 I was tried for inoperable vehicles on my business property. I w… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,223 satisfied customers
What legal arguments do i use in my motion to dismiss this
what legal arguments do i use in my motion to dismiss this arbitrator due to falsification of consent order attached this is the fourt version. the other two lawyers who signed also signed on differen… read more
Ray
Ray
Lawyer
Doctoral Degree
30,492 satisfied customers
After failing to schedule my "Expedited Motion to Dismiss
After failing to schedule my "Expedited Motion to Dismiss for Lack of Standing" for over a year, the judge finally scheduled a hearing on this motion as well as the plaintiff's newly briefed Motion to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
120,138 satisfied customers
I have filed a motion to dismiss for lack of subject matter
Hello. I have filed a motion to dismiss for lack of subject matter jurisdiction and a motion for default judgement in DC Superior Court. The case involves judicial foreclosure. The judge granted a pla… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
120,138 satisfied customers
What is a Notice of Lack of Prosecution, Motion to dismiss
What is a Notice of Lack of Prosecution, Motion to dismiss for Lack Of Prosecution, Notice of Hearing and Self Executing Order of Dismissal mean … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,894 satisfied customers
Law Educator, Esq.(ONLY) This is on Homestead exemption, Is
Law Educator, Esq.(ONLY)Good day, This is on Homestead exemption, Is Homestead exemption a jurisdictional issue? I was reading that only jurisdictional issue should be raised in a motion to dismiss. S… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
120,138 satisfied customers
Looking for a sample of a motion to dismiss in northampton
Looking for a sample of a motion to dismiss in northampton county pa in a civil case over a contract. Statue of limitations and res- judicada.… read more
KJL LAW
KJL LAW
Juris Doctorate
1,682 satisfied customers
Looking for example of a motion to dismiss in PA on Statue
Looking for example of a motion to dismiss in PA on Statue of Limitations. Civil Complaint.… read more
Bill Attorney
Bill Attorney
law
1,479 satisfied customers
The judge denied defendants motion to dismiss but is
The judge denied defendants motion to dismiss but is allowing a reconsider I have to reply on.Is there possibly a law that states even if a commercial truck thinks they even just hit an existing potho… read more
Ray
Ray
Lawyer
Doctoral Degree
30,492 satisfied customers
I received a letter for. A motion to dismiss which reads as
I received a letter for. A motion to dismiss which reads as follows, comes now the court ,pursuant to rule 41 and directs that all parties appear to consider whether this. Case should be dismissed for… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Law Educator, Esq. (ONLY) This is on the motion to dismiss
Law Educator, Esq. (ONLY) This is on the motion to dismiss that the plaintiff does not want the Judge to see. I went to Court on the 14th for the motion but I was very sick. I filed a motion tor conti… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
120,138 satisfied customers
Second opinion] A motion to dismiss some defendants was
second opinion] A motion to dismiss some defendants was granted over 30 days ago but there is still no final judgment on the case. Is there any reason I can't make a motion to vacate those dismissals … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,642 satisfied customers
In a motion to dismiss in the State of PA. Do you have
In a motion to dismiss in the State of PA.Do you have request a hearing on this matter or can it be a brief?I have filed motions for extensions in motions court and did not have to schedule anything, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,353 satisfied customers
Is it possible to submit an amended motion to dismiss? Does
Is it possible to submit an amended motion to dismiss? Does that require a second motion to amend? Finally does it have to be submitted within the same response deadline as the first motion to dismiss… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,353 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x