Just Stop Mailing to Defendant’s Attorney & Move To Trial Without Me!

I’ve been defending a homeowner since 2008. I start looking at the docket and realize…

WOW, THERE ARE ALL KINDS OF DOCUMENTS THAT I DON’T HAVE….

A deeper examination reveals the reason why….

THE PLAINTIFF FORECLOSURE MILL JUST DECIDED TO DROP ME OFF THE CASE ENTIRELY AND MOVE TO TRIAL.

Just when I think I’ve seen everything…..

3 Comments

  • Jean says:

    Nothing surprises me anymore in the foreclosure courts. Individuals rights are being violated. Evidence and due process mean nothing anymore. Had a hearing today, judge ignored everything. The plaintiffs attorney baled out. this servicer sold the mortgage 6 months ago to another party and yet this judge is ignoring everything. we go to trial Friday with another judge. What a joke!

  • SKYGLAZE says:

    My judge, with 3 wells fargo mortgages, just dismissed every aspect of my complaint for wells fargo. My complaint was valid.

  • JamesM says:

    Even worse for pro se’s because:

    A) When you complain they say, sure we mailed you, see the certificate of service.

    B) When you bring a motion in the court the court believes the Bank’s counsel’s assertions and argument that although he does not personally know the document was mailed, the cert of service provides presumptive proof, and since there is no way there is just no way to prove a negative.

    C) Then when you do convince the judge, he says “So what am I going to do about it? I am not going to dismiss the case and I can’t award you attorneys fees as a sanction because you are pro se”.

    In my case they just stopped mailing anybody for 6 months. Lucky not much happened in that time except an improper substitution of an indispensable defendant party, which may be curable on appeal from a final judgement, but I would not bet the farm on it.

    So, I think the rules should have a provision that on a verified motion by complaining party the court can, and should, require the offending party to serve all future filings in that action by recorded delivery and keep a delivery log with proof of delivery for each and every one. After all it is a cost they can bill the defendant if they win, and they do in most foreclosure cases, and should bear if they lose, like all other costs.

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