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Foreclosure Defense - Defendant Verified Affidavit & Motion to Dismiss (All States)

Foreclosure Defense - Defendant Verified Affidavit & Motion to Dismiss (All States)
Product Code: FD-AFF-MTD
Availability: In Stock
Price: $19.95 $15.96
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Foreclosure Defense

MOTION: Defendant’s Verified Affidavit And Motion To Dismiss, Cancel Summary Judgment Hearing And Leave To File Answer


A message from UDoLegal's Legal Eagle Rory Rohan:

If you are going through Foreclosure you need to make sure every decision made from this point on is the right decision for you.  This means above all you must get a handle on your emotions to ensure every choice you make is strategic and not done on impulse.  Read my letter to UDoLegal's users and take the time to follow my advice and catch up with the latest Foreclosure Defense news

If you are going to have any chance of saving your home you must make it a rule every decision you make be an informed decision.  In buying this you are not only arming yourself with the information you desperately need -you are taking the first step in a strategic plan to save your home.

About the Product:

In many cases the defendant has not answered or responded and the plaintiff bank has set the summary judgment hearing without regard for the defenses of the defendant or for the rules of proper pleading. An affidavit is necessary to accompany such a motion. Additionally if the time for filing an answer has passed or if a default has been entered against you it may be wise to review this motion with the thought of adapting it to your specific circumstances.

Additionally, and with increasing frequency, banks are being taken over either by other banks or by the federal government. If that is the case then does the failed or defunct bank continue to own the note and mortgage? What if the failed or defunct institution has filed for bankruptcy? These factors are all very important in determining who actually owns the note and mortgage and who has the right to foreclosure and take your home. “Trust but verify” is the famous quote from Ronald Reagan. Do not believe what you are told without checking for the truth. There are a number of Motions in this category that can be used with confidence.

Often times, when faced with this situation the plaintiff bank will attempt to substitute the proper plaintiff. A vigorous argument should be made against and substitution. It must be argues that the only party that is authorized to substitute the proper plaintiff is the actual proper plaintiff. If the plaintiff bank is not the real party in interest or the proper party then they should not be allowed to substitute another plaintiff. An improper plaintiff cannot pick and chose whomever they think is the proper plaintiff. The correct procedure is that the matter should be dismissed if the plaintiff does not have standing. The proper plaintiff may then refile the case in the correct fashion.

A motion to dismiss or make more definite and certain can be used when the plaintiff bank has failed to supply enough information in the compliant for the defendant to make a responsive answer. For example, if the plaintiff bank claims that it owns the note and mortgage and that the note and mortgage is attached then those factors must be pled with such particularity that the defendant can reasonably be required to answer such charges. If the actual note and mortgage contain a mortgagee or payee that is not the plaintiff bank then how can the defendant be expected to respond to an allegation when the plaintiff bank does not own the note and mortgage that it has attached to the complaint?

  • The motion comes in download form

  • The motion documents are in DOC and PDF Formats. 

  • File motions pro se! (on your own) 

  • Save thousands - no need for an attorney. 

Remember!  A properly structured strategy leaves nothing to chance.  You can stop the bank. You can save your home.  You can do it on your own and save thousands in attorney fees. 

You can do nothing and most definitely lose.  Or,

About Motions:

A Motion is defined as a generally written, formal request made to a judge for an order or judgment. Motions are made to the court during a lawsuit to resolve procedural or other issues that come up during litigation. Motions are made to continue or postpone a trial to a later date, to abate the action, for dismissal of the opposing party's case, to compel a response to discovery from the opposing party, to get a modification of an order, for a judgment, for a rehearing, for sanctions (payment of the moving party's costs or attorney's fees), for relief from an order, to vacate a judgment for fraud or other cause, or for dozens of other purposes. Most motions require a written document, some require a written brief of legal reasons for granting the motion, all require written notice to the attorney for the opposing party and, often, but not always, there is a hearing before a judge. Most motions cannot be appealed until the case is over.

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