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morysaskme
Apr 24, 2009, 01:03 PM
I was served the foreclosure papers
I answered the complaint
I received a motion for summary judgment

I was told that I lost even tough I have not had a chance to defend myself by explaining that the bank made several mistakes when they were serving my loan by omitting several disclosures that I was supposed to get and other issues.

Can I defend myself by filing the motion for opposition?

Thank you in advance

Morys

ScottGem
Apr 24, 2009, 01:12 PM
Was there no hearing? If a summary judgement was issued, it sounds like you never showed for a hearing.

But frankly, the ONLY defense against a foreclosure is that you paid what was owed. If there were mistakes made in servicing or processing the loan, you should have sued the lender over them.

morysaskme
Apr 24, 2009, 01:19 PM
1- At what point during the foreclosure process do I start with the Discovery Process?

2- Do I need a specific form or format to ask for documentation?

3- Do I need to file this form at the courthouse or just send it to the attorney?

4- Can someone show me an example of a form used to start with this process?

NOTE:
My foreclosures papes have been served and I have already answered to the complaint.

Regards

ScottGem
Apr 24, 2009, 01:23 PM
First, I merged your threads as this is basically the same issue. Please keep all follow-up within this thread.

What discovery? A foreclosure is not a regular law suit. As I said above the only defense here is that you paid what you owed. If it's a dispute over what was paid, you request a hearing and show up with your cancelled checks or statements.