Question About Motion for Summary Judgment

[scooter6251]

On my foreclosure case, which I want to happen asap, this is in the court records: 9/20/2012 MOTION FOR DEFAULT/PRPOSED DEFAULT , and 10/3/12 PLAINTIFF'S RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION. I understand the 9/20 entry but not sure what the one 10/3 means. We did not respond in any way. Just hoping it will move along

Tobee, what does that 10/3 entry mean?

[deedeecfl]

[/B]


someone can correct me if i'm wrong, but i would be on the phone with my atty and that letter since they are in violation of your bk order. they can and have no right to attempt to collect a discharged debt.

I tried to call our attorney this morning but he was a one-man office and has retired finally -- I guess the last few years were very profitable for him. I will give them one chance to get it straightened out (since I put it in writing to them) and if they do it again, I will speak with another attorney. I feel like Rodney Dangerfield, take my house....please!!!!

[tobee43]

Tobee, what does that 10/3 entry mean?

if you were going to fight the foreclosure plaintiff's in the case the bank is attempting or requesting you to produce your defence if you have one like an affirmative denfenses...i.e.

1) Defendant and Bank are negotiating a short sale on the property and request that the court allow a reasonable time for the short sale to be approved;

2) All other Affirmative Defenses reserved pending discovery

COUNTER CLAIMS

1) All counter claims reserved pending the results of discovery.

now, after you have answered the banks claims on the same sheet of paper you want to give your "Affirmative Defenses" and "Your Counter Claims". generally you will not know what these are until you enter into discovery and thus you reserve them until after you have had time to request information from the bank or get back that forensic audit you may want to order. ( you aren't going to do this, but if you wanted to fight them.)

so all of the would apply only if you wanted to fight the foreclosure. that complaint should also give you a deadline date to submit. which you don't care about since you are not fighting the foreclosure. does that make any sence?

[tobee43]

I tried to call our attorney this morning but he was a one-man office and has retired finally -- I guess the last few years were very profitable for him. I will give them one chance to get it straightened out (since I put it in writing to them) and if they do it again, I will speak with another attorney. I feel like Rodney Dangerfield, take my house....please!!!!

lol!! you don't have to respond. i know it's hard it looks so darn legal! i would make one more call to the bank and tell them if they contact you again over this you will file a suit againt them for attempting to collect a debt after US BK discharge. report them to the OCC and FTC and every other initials you can think of.

[scooter6251]

so all of the would apply only if you wanted to fight the foreclosure. that complaint should also give you a deadline date to submit. which you don't care about since you are not fighting the foreclosure. does that make any sence?

Yep, for some reason, you almost always make sense. We weren't notified about this. I found it on the court records site. I'm like deedee, take my house please !!! I guess the court has not set a date yet for the default judgment hearing. Maybe we'll be notified of that.

[TBA]

I have been through two dif foreclosures in fl now - one was a commercial property where the bank atty had no clue what he was doing - it took almost two years - he kept forgetting to serve tenants, and totally screwing things up.

The other is residential that was also started almost two years ago now - it is still open - nothing happening on it. it isnt our primary residence. it was at one time mine, but hubby and i bought our own house together later and decided to keep this property as an investment. We dont want it, the bank doesnt want it, it has actually become rather comical in my eyes. i wonder if it will ever be completed. (if i couldnt laugh i would go insane).

I track my cases online as well in fla. at the rate we have been going, i check about once a month. ALSO, you can go in to the courthouse and pull the entire file and look at all the documents if you really wanted to, but the important ones are the ones that are recorded.

[tobee43]

Yep, for some reason, you almost always make sense. We weren't notified about this. I found it on the court records site. I'm like deedee, take my house please !!! I guess the court has not set a date yet for the default judgment hearing. Maybe we'll be notified of that.

the key here almostt ROFL!! on a good day when i read something RIGHT.

actually, i'm like both of you, i wish Chase would take our house....it's only been 4.5 years now...and they aren't making a move. only the first summons approx 4 years ago and that's it. AND the statue of limitation where the property sits has a 20 year statue. so our names will sit on that deed for ever and a day. not a thing we can do about it.

they are beginning to move here in florida now which is actually a "good" sign.

[tobee43]

I have been through two dif foreclosures in fl now - one was a commercial property where the bank atty had no clue what he was doing - it took almost two years - he kept forgetting to serve tenants, and totally screwing things up.

The other is residential that was also started almost two years ago now - it is still open - nothing happening on it. it isnt our primary residence. it was at one time mine, but hubby and i bought our own house together later and decided to keep this property as an investment. We dont want it, the bank doesnt want it, it has actually become rather comical in my eyes. i wonder if it will ever be completed. (if i couldnt laugh i would go insane).

I track my cases online as well in fla. at the rate we have been going, i check about once a month. ALSO, you can go in to the courthouse and pull the entire file and look at all the documents if you really wanted to, but the important ones are the ones that are recorded.

what a system!!!

[deedeecfl]

Update for those interested in timelines: Chap 7 discharge (with surrendered house) was 11/11. LP was served in April and now Motion of Summary Judgement is scheduled for 1/3/13. It goes slowly but at least it's movement.