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-   -   Can a judge in a civil matter issue an order without motion from either party? (https://www.askmehelpdesk.com/showthread.php?t=535481)

  • Dec 17, 2010, 07:28 AM
    Autarkic
    Can a judge in a civil matter issue an order without motion from either party?
    A friend is currently going through foreclosure and filed an affidavit challenging the Mortgage Company's standing to sue by requesting best evidence of the contract and promissory note... neither of which the Mortgage Company produced. The friend was awarded judgment and the foreclosure was vacated upon motion by the defendant and order of the court. Two days later, the same judge issued an order overturning the vacated judgment... reinstating the Mortgage Company's claim for foreclosure on the basis that the Defendant failed to notify the Plaintiff of the motion (which he did via mail and sworn affidavit)and validating immediate sale of the real property. After examination of the court record... no motion was filed by the plaintiff! Is the judge allowed to issue an order reversing judgment when there is a question of procedural breach without proper motion from either party or without first conducting a hearing on the validity of such?

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