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kip1906 · May 19, 2009, 02:51 PM

Hi,
I have been listed as a defendant in a lawsuit. There are several others listed as defendants as well. I have answered the Summons and responded to all Filings of the Plaintiff and sent copies to the Court as well. My answer provided more than enough discovery that I should not be a party to this lawsuit. Is it enough to just answer or do I need to file some type of Motion? Right now I feel like the plaintiff and the court are not even reading my responses. I can't ask the whole case to be dismissed as the plaintiff does have the right to sue one of the other defendants. How do I get me out of this?

In case it matters, this lawsuit is a foreclosure on a property. I sold the property 9 years ago. The new owner is in mortgage default. How did I get involved? Good question. The Plaintiff wants 1)Reformation of Warranty Deed 2)Mortgage Foreclosure3)Re-establishment of Note. I am listed as a defendant to all 3 counts. I have nothing to do with any of these 3 counts.

I have asked the Plaintiff and the Court to dismiss me from the case with no response.

Please help, I can not afford an attorney.

excon · May 19, 2009, 03:01 PM

Originally Posted by kip1906

Do I need to file a Motion? Please help, I can not afford an attorney.

Hello kip:

If it was me, I'd let you off the lawsuit... But, it ain't me.

I understand that you would like this to go away, and not bother you anymore... But, life in the big city doesn't always happen that way.

I don't know the details. I don't know how much they're suing for. I don't know how much exposure you have. I don't know how much you've got. But, let's assume that you're a citizen with some assets that could be at risk.

If that's so, and they're suing for a substantial amount, I don't see how you can NOT afford to have a lawyer. You're not going to win on your own, just like you can't perform an appendectomy on yourself.

If you're judgment proof, on the other hand, my advice would be different...

Exocn

kip1906 · May 19, 2009, 03:22 PM

Hello ex,
Thanks for your reply. Yes, I believe I am judgement proof. The only part of the suit that could have anything to do with me is the reformation of the warranty deed. The plaintiff stated I transferred a warranty deed in 2007 in which the legal description had been changed. I transferred the warranty deed to the new owner in 2001. It was the new owner who had the property re-parceled in 2006, thus the new legal occurred from her actions. I sent the surveyors report in my answer to the Summons. Why can't I get dismissed from this case?

maxim1 · May 19, 2009, 03:29 PM

So you've answered the complaint? You're representing yourself? Your best bet would to find a lawyer, attorney, legal forum on the web. I found one website that might be of assistance to you. Good luck.

kip1906 · May 19, 2009, 06:34 PM

Hello Maxium1,

Yes I answered the complaint and have represented myself thus far. My response was so easy to understand I thought I would receive a dismissal notice fairly quick. I can not afford $300-$400 an hour for an attorney, especially spending that kind of money on defending myself when I had no part in this.

It is ridiculous that that someone can sue you without the correct facts. Worse than that this lawsuit will show up on my credit report. I will have to explain this to every lender I try to borrow from. Even with a dismissal, this will be a bad mark on my credit report. The bell has already been rung, nothing I can do to change it.

I am so angry at having to spend so much time on this and being stressed out. I wish I could sue them for all this aggravation

I tried you link to the legal forum... no response.

Please I ask, do I need to take some action now? Why can't I demand proof from the plaintiff of the alleged claim? Where is his evidence that involves me? Should I file a motion to dismiss?

I understanding filing the correct documents at the right time is important. Do I just wait for a court date, drive out of state to show up and then ask the plaintiff for his proof?

Thanks in advance for anyone's help.

excon · May 19, 2009, 06:48 PM

Originally Posted by kip1906

Worse than that this lawsuit will show up on my credit report.

Hello again, kip:

Actually, lawsuits DON'T show up on your credit report. A JUDGMENT will, though.

I say you won't be released from the suit, not because you shouldn't be, but because you don't have the tools to effect the dismissal. Lawsuit aren't about fair. They're about winning. If the opposition lawyer can prevent you from being dismissed through some legal tactic, he's going to do it, and he should.

IF the suit is frivolous, like you seem to think it is, there is a distinct possibility that the plaintiff can be made to pay for your legal expenses. But, you'll never know that, because you ain't going to visit no damn lawyer..

Plus, I also don't think you understand the term "judgment proof". That would be a person who has no job, no bank account, no assets and no hope. THAT guy would be judgment proof. Anybody else who has assets worth more than the cost of the lawsuit, definitely AREN'T judgment proof.

excon

LisaB4657 · May 19, 2009, 07:04 PM

Yes, you have to file a motion.

kip1906 · May 19, 2009, 07:14 PM

Lisa,
What type of Motion do I file and when should I do it?
Thanks

LisaB4657 · May 19, 2009, 07:20 PM

You need to file a motion for summary judgment and you should do it now.

excon · May 19, 2009, 07:21 PM

Hello again, kip:

I know you're tired of hearing from me, but what if she told you it was a motion to separate and to dismiss? What if she told you to file it NOW? What argument are you going to use on your affidavit in support of the motion? Did you know that you needed one of those?

Spelling out, what you spelled out above isn't a legal argument. The opposition lawyer will make mincemeat of you. Do you really think good lawyering is easy? I guess you do.

Later.

excon

LisaB4657 · May 19, 2009, 07:25 PM

Originally Posted by excon

Hello again, kip:

I know you're tired of hearing from me, but what if she told you it was a motion to separate and to dismiss? What if she told you to file it NOW? What argument are you going to use on your affidavit in support of the motion? Did you know that you needed one of those?

Spelling out, what you spelled out above isn't a legal argument. The opposition lawyer will make mincemeat of you. Do you really think good lawyering is easy? I guess you do.

Later.

excon

Excon is absolutely right, you know. (As usual.) This is not small claims where the judge might give you a break because you're representing yourself. At least get a free consultation with an attorney in your area, tell them the situation, show them the paperwork and see what they think.

kip1906 · May 19, 2009, 08:26 PM

No excon, I am not tried of hearing from you, but I do feel you are not being very nice. I fully understand the best choice is to hire a lawyer. I am the restaurant business and sales are down 30% in this recession. When I first received the summons I contacted 2lawyers. The first consulted by phone for a total of 10 minutes and on top of being very disrespectful to me, telling me there was nothing I should do, I shouldn't even respond, he charged me $200.00. The 2nd laywer charged $425.00 an hour and wanted a $1200.00 retainer fee. Can you refer me to a laywer who will take the case based on winning it and collect his fees, I can't find one. If you were in this situation what would you do? I think you would do the same as me.. try the best of your ability to resolve it yourself. And no I do not think good lawering is easy, folks go to school for many years to learn it. I was just hoping for a little help in understanding which is what I thought this forum was for. It has been my experience that people bully others because they lack self esteem... hummm...

excon · May 20, 2009, 06:44 AM

Originally Posted by kip1906

but I do feel you are not being very nice....... It has been my experience that people bully others because they lack self esteem...hummm...

Hello again, kip:

Nice is for grade school. I'm not bullying you for Myself esteem. I'm doing it for YOUR money.

excon

PS> If self esteem was my objective here, do you really think I would have given myself the name I did??

LisaB4657 · May 20, 2009, 06:49 AM

You're not going to find an attorney who will take this on a contingency basis. That's because you won't be getting any money from the plaintiff. And even if the judge awarded you legal fees you probably still wouldn't get them because the plaintiff obviously doesn't have any money to pay them. (The guy is fighting a foreclosure, remember?)

You have to look for an attorney who will give you a free consultation. They are out there. Hopefully they will tell you exactly what you need to file and what to say. If not then you can try speaking to a professor at a nearby law school who might have some students who are willing to help you for free.

kip1906 · May 20, 2009, 08:22 AM

Hi Lisa thanks for your reply. I have no clue if any money would be awarded or attorney fees paid. All I know is I am involved in this because of an error by the Plaintiff. He has the transfer of warranty deed listed as 2006, which explains why he thinks I changed the legal description. I transferred the property to the current owner in 2001. My title was good no problems, which is why I can not get the title company to help. It all comes down to a typo error on the part of the Plaintiff. By the way the Plaintiff is a Bank, trying to forclose on the current owner. When I answered the summons I listed books and pages from records at the court house which clearly show who owned the property when. The plaintiff has mistakenly listed me as a defendant because of his error in dates.

LisaB4657 · May 20, 2009, 08:37 AM

But no one is going to automatically dismiss you from the case unless you file a motion requesting it.

ScottGem · May 20, 2009, 08:51 AM

Its not an error on the part of the plaintiff, its shotgun litigation. Sue anyone and everyone remotely involved and see what sticks.

But the real answer to your question is that you have to take proactive action to get yourself removed from the suit.

You need to file a motion to remove yourself from the suit on the grounds that you are not a party to any of the counts listed in the suit. You simply state that you closed on the property in 2001 and have had nothing to do with the property since.

You need to find the proper form for drafting such a motion such a motion then submit it to the clerk of the court and ask for a ruling. The judge may schedule a separate hearing on your motion or he may grant or dismiss it.

kip1906 · May 20, 2009, 09:42 AM

Scott & Lisa,

Thanks a lot for all your help. Us broke, getting sued for no reason people really appreciate it. You both are assets to this forum!

AK lawyer · May 20, 2009, 03:12 PM

Normally, I believe, when a mortgagee sues to foreclose, everybody down the chain of title from the date the mortgage was created will be named as a defendant. Was the mortgage in existence when you owned the property?

kip1906 · May 20, 2009, 03:59 PM

Hi AK,

Do you live/practice in Florida?
I sold to the current owner in 2001. I paid my mortgage at closing and the new owner initiated her own new mortgage on the property. I think Scott is right on.. "shotgun litigation".
I think I can file a Motion to Dismiss, but not sure what defense to use...
Lack of Jurisdiction over a person or Failure to state a claim upon which relief can be granted.
If there is nothing I can do to award the plaintiff his claim - there is nothing he can gain from me as a defendant. I do not own this property, nor had anything to do with it since 2001.