Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Esq.(ONLY) Motion to dismiss the foreclosure complaint was…

For Law Educator, Esq.(ONLY) Good day, Motion...
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 protected by homestead exemption law.
You advised me during the writing of the objection motion to wait after the decision on the motion to dismiss before filing the objection.
My question is, if I file the objection to moot the case base on the fact that the property is exempted and it is granted, will the plaintiff come back later to file foreclosure complaint again, or he will only have the lien on the house and wait until whenever the house is sold?
(This is the regular woman)
Show More
Show Less
Ask Your Own Legal Question
Answered in 10 minutes by:
12/2/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,758
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.

Generally, if you file your objection to the foreclosure now and you win, the person could not come back and file foreclosure again, the matter would already be decided by this case. However, you would need to try to resolve the lien with them, because if you try to sell or refinance they could make their claim.

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.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,758
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
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 126,758
126,758 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:

Ely

Ely

Counselor at Law

24,658 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,843 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

126,758 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 Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Educator Esq. (ONLY) The plaintiff filed a motion for
Educator Esq. (ONLY) Good morning, The plaintiff filed a motion for default for failure to plead. Is my motion to strike that I filed not a pleading? I filed a motion to strike the foreclosure complai… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Law Educator, Esq. (ONLY) Like I told you earlier I filed
Law Educator, Esq. (ONLY)Good day, Like I told you earlier I filed the objection to the plaintiff foreclosure complaint based on the homestead exemption after the motion to dismiss was denied. will th… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Law Educator, Esq. (ONLY) This is on the objection to the
Law Educator, Esq. (ONLY) Good day. This is on the objection to the plaintiff's amended foreclosure complaint. I faxed the objection to the Court yesterday, After the objection went through before the… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
ONLY) Does my reply to plaintiff's opposition to my motion
Good day, (ONLY) Does my reply to plaintiff's opposition to my motion to dismiss Counters the motion to dismiss and memorandum of law that I filed? (This is the regular).… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Law Educator, Esq. (ONLY) I found this below this morning
Law Educator, Esq. (ONLY) Good day I found this below this morning does this mean that one can not claim homestead exemption until after foreclosure trial,. I don't know how current this is though. . … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Law Educator, Esq. (ONLY) This is on the homestead
Law Educator, Esq. (ONLY)Good day, .( This is on the homestead exemption) When I argue this homestead exemption issue on the motion for summary judgment, I am not adding issues like indispensable part… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 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
Doctoral Degree
126,758 satisfied customers
Law Educator, Esq. (Only) I filed amended motion to dismiss
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 an… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Law Educator Esq. (ONLY) The plaintiff just filed objections
Law Educator Esq. (ONLY) Good morning, The plaintiff just filed objections to my amended motion to dismiss. Most of the issues he raised Are issues that he raised before that (1) I already filed motio… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Law Educator, Esq. (ONLY) (This is the regular) ( This is on
Law Educator, Esq. (ONLY) (This is the regular) ( This is on the foreclosure complaint)Good day, I filed a motion to dismiss on the second amended complaint that the plaintiff filed. I just saw on the… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Law Educator, Esq. I asked a question about two weeks ago on
Law Educator, Esq. Good day, I asked a question about two weeks ago on when to respond to complaint after amendment to the complaint, you agreed with what I understood the practice book to be, That I … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Educator Only The plaintiff is asking the Court that the
For Law Educator Only Good day, The plaintiff is asking the Court that the only issue on appeal is the attorney fee that the stay of Execution on the Plaintiff fraudulent bill should be removed for th… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Educator Only. The plaintiff just served me summons
For Law Educator Only. The plaintiff just served me summons on foreclosure proceeding on our house. (1) I already filed appeal on the judgment, (2) In his complaint, He stated that I and my husband ar… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
plaintiff filed a motion to amend complaint in December.
plaintiff filed a motion to amend complaint in December. Judge issued an order today approving their motion to amend. Do I wait until they file the actual amended complaint before I respond? The "draf… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
Hi. I went to a trial april 3rd 2014, it was a foreclosure
Hi. I went to a trial april 3rd 2014, it was a foreclosure case on a third mortgage on a property i owned. Even though plaintiff was required in the trial order to bring the original note , he failed … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I filed a privacy act request for my DOL/OWCP case file records
I filed a privacy act request for my DOL/OWCP case file records in 2010. The records provided were incomplete and inaccurate, which resulted in lost wages and other compensation determinations, so I f… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,758 satisfied customers
Looking for some tips at my Florida July 20th foreclosure hearing 1. BOA
Looking for some tips at my Florida July 20th foreclosure hearing… 1. BOA has filed a foreclosure complaint on my home (Palm Bch, Florida) and was successful in securing a July 20th motion for summary… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
Is there a difference between a regular mechanics lien (that
Is there a difference between a regular mechanic's lien (that has already been perfected) and a "mechanics lien foreclosure action?… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 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