I was wrongfully foreclosed due to bank's errors and received a UD summons. Through legal advise, I responded to the UD and paid the fee for a jury trial. Trial date was set.
When I was served a Motion for Summary Judgement, I didn't notice that it included a hearing date (dated before the jury trial date). Without an attorney, I did not even know what a summary judgment was! I figured these were just more legal documents stating what the plaintiff was seeking during the trial. I spent the week doing research and calling for attorney referrals for my wrongful foreclosure case. The day after this hearing I received notice explaining judgment for the plaintiff based on no triable issues.
I need to dispute this judgment so i can stay in my home while I fight a wrongful foreclosure case.
Construction / Development Lawyer
UD is an expedited procedure that is completely rigged in favor of the landlords. Even if you had noticed the hearing date it would have been very difficult for you to prevail. You were already foreclosed upon so the bank is entitled to possession.
Here you are still researching wrongful foreclosure- the bank is way ahead of you. They have professionals who do this all the time.
I am here to give advice so I have to be honest with you. I think it is going to be extraordinarily difficult to get the summary judgment set aside on the grounds that you did not read or understand the papers and that you want to file a suit challenging the foreclosure. You may go through all of that work, and the judge will say, ok, I read and considered the summary judgment anew--granted. Why not? The bank foreclosed so it is entitled to possession. The court cannot assume that you will eventually file a suit that will eventually result in the foreclosure being reversed. That would be a highly unusual result. Your house could be resold before that happens.
The foreclosure needed to have been enjoined before it happened. Then there would have been no UD case.
1 lawyer agrees