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Tuesday
May182010

Motion to Dismiss Denied

A motion to dismiss is a request to the court to dismiss the foreclosure case filed against you. You are asking the court for a knockout victory. It is equivalent to the motion for summary judgment filed by the plaintiff. It is important to understand that these motions are rarely granted to the plaintiff or the defendant. If your motion to dismiss is denied, don’t be discouraged; the war is not over yet, you’re just getting warmed up. File another motion to dismiss based on some other defense.



Reader Comments (3)

I received a motion for summary judgment of foreclosure while I was out of the country. The judge ruled today and property (in FL) is set to sell on November 22, 2010. I had successfully file "produce the note" paperwork, which delayed foreclosure for 16 month, but not sure what the next step should be. Can I appeal the summary judgment?

Thanks,

Walle

September 30, 2010 | Unregistered CommenterWalle

The solution to ensuring a good faith mortgage negotiation is to calculate an unbiased Net Present Value using bank software so that the lender can't dispute the calculations. The REST Report does exactly that and has been sanctioned by every single judge who has ruled on it. The software always recommends modification or short sale since those solutions benefit the mortgage investor and homeowner the most.
Click for Information on the http://mortgage-monster.com/do-it-yourself-mortgage-modification

November 23, 2010 | Unregistered CommenterMortgage-Mod-Monster.com

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