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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.