Ask Me Help Desk - Lost in Legalities

I am in the process of fighting foreclosure on my house. I received a "Notice of Motion" in the mail (January 5, 2009) from the bank lawyers and it states the following...

On January 9, 2009, at 9:45 A. M. or as soon thereafter as counsel may be heard, I shall appear before the Honorable Judge ***** or any judge sitting in his/her stead, in the courtroom usually occupied by him/her in Room 2809 at the...and move to present the enclosed motions. Motion for Default, Motion to Dismiss Party Defendant, Motion for Legal Summary, Motion to Appoint Selling Officer, Judgment of Foreclosure and Order of Sale.

I understand that "Motion for Default" is when someone doesn't respond to a summons, but I was never summoned to appear in court. I did receive a summon to respond to the complaint and I did do so back in October of 2008. Since then, I have received nothing. So what's this all about?

Also, if all the motions are moved upon (assuming the judge moves for the plaintiff), can someone on this forum tell me if this nullifies any legal processes, such as a trial? Or will I be given a chance to participate in any of the legal protocols? Please keep in mind that I have never been summoned to appear in court and that the only summons I did receive was to respond to the complaint, of which I did. I haven't consulted a lawyer on this matter as of yet and was told (via a legal aid representative) that, once a court appearance is set, I could tell the judge of my intention to consult with a lawyer. That this would delay the process. Is this correct?

Can anyone help me to make sense of this all?

Peace,
Little Ray

You'd better show up in court tomorrow and be there on time. If you're not there then the judge will grant them a default judgment. You have to tell the judge that you answered the complaint (make sure you bring a copy of your answer with you) and never received anything else until now. Then tell the judge that you want to get an attorney to represent you. That should at least prevent a judgment from being entered.

Quote:

Originally Posted by LisaB4657

You'd better show up in court tomorrow and be there on time. If you're not there then the judge will grant them a default judgment. You have to tell the judge that you answered the complaint (make sure you bring a copy of your answer with you) and never received anything else until now. Then tell the judge that you want to get an attorney to represent you. That should at least prevent a judgment from being entered.

Thanks for your advice Lisa. I will show up in court tomorrow. Can I ask you another question? I had filed for Chapter 13 some time ago. It was more so to delay the foreclosure, hoping that my financial situation would improve and I could eventually renegotiate my payments. Of course, the monthly payments zoomed so high, as a result of the filing, that I wound up defaulting. Will this cause any snafus in the process tomorrow?

Peace,
Little Ray

Of course it's going to cause a snafu. :) But that's OK. All you want to do tomorrow is prevent the plaintiff from getting a default judgment against you. You'll do that by showing up and showing the judge that you answered. Once this issue is put aside, then you can get an attorney and start working on resolving the whole thing.

Quote:

Originally Posted by LisaB4657

Of course it's going to cause a snafu. :) But that's ok. All you want to do tomorrow is prevent the plaintiff from getting a default judgment against you. You'll do that by showing up and showing the judge that you answered. Once this issue is put aside, then you can get an attorney and start working on resolving the whole thing.

Lisa, thanks a million. I'm a dunce when it comes to legal matters :). I'm one of many who have been victimized by the times. I lost my job. Increasing taxes. Inflation. Etc. Things just don't seem to work out for the average Joe. But I persist. Hoping that somehow, someway, there is light at the end of the tunnel. Hoping things will work out.

Thanks again...

Peace,
Little Ray

Hang in there and good luck!

Quote:

Originally Posted by LisaB4657

Hang in there and good luck!

Hey Lisa, I just got a "Notice" in the mail that states...

There will be a case management call of your case on Wednesday the 11th day of February 2009 in Room 2809 at 9:45 A.M. at (location withheld).

***You must appear or an appropriate order may be entered affecting your rights.***

Note, if this case has been already dismissed or if this case has a court date set by court order, you may disregard this notice.

I guess this is a follow-up to what the bank lawyers are going to do tomorrow. Should I forget tomorrow and bring the copy of the proof of appearance (against the Motion for Default) on the court date above? On that date I will state that I want an attorney to represent me. I may be hoping against hope, but I'm trying to prolong this as long as I can and sort out my options. What do you think?

Peace,
Little Ray

NO NO NO! Never "forget" a court date! You never know what will happen if you're not there. Bring your paperwork with you (including your answer and the bankruptcy filing papers) and when the case is called, tell the judge everything you've said here. Also make sure that you ask that all of the plaintiff's motions be denied.

Quote:

Originally Posted by LisaB4657

NO NO NO! Never "forget" a court date! You never know what will happen if you're not there. Bring your paperwork with you (including your answer and the bankruptcy filing papers) and when the case is called, tell the judge everything you've said here. Also make sure that you ask that all of the plaintiff's motions be denied.

Okay, Lisa. I'll be there. I just thought that--since it wasn't my court date tomorrow-- but only the bank lawyers' court date, that the extra month (February 11th) is just another month's reprieve that could work to my advantage. Because of the notice, I thought that attending tomorrow would probably speed up the process. The last time I attended (as the result of another letter from the lawyers), the judge didn't even hear us out. That's what forced the Chapter 13. So I am a bit traumatized and afraid of what could occur tomorrow. Yet, if you think it's best that I be there, I will be there :)

Peace,
Little Ray

Tomorrow is still your court date because it's a court date concerning your case. If you don't show up then the plaintiff's attorney will get a default judgment against you. Then you'd have to file a motion to vacate the default and you would have to have a very good reason for why you weren't there.

Tomorrow is not likely to speed up the process. It's only a motion to have the plaintiff declared the winner because they're claiming you didn't answer the case. The case itself won't be tried tomorrow, especially if you tell the judge that you need to get an attorney.