I went to mediation 2/2/12 prior to that the mediation program I was working with requested through the courts several documents from Wells Fargo. I did not receive my loan history from the origination of the loan at all. My case went to trial for final decision 6/29/13 and I was able to explain this to the judge he made the plaintiff's attorney file for a continuation, have the client provide these documents to me and return to mediation again. Mediation is tomorrow and I have still not received what the judge told them to give me and I have asked their attorney as the mortgage company will not talk to me regarding this matter. The new trial is 7/29/13 can I file for dismissal (if so how do I do it) or ask the judge at the trial to dismiss? What can I do?
I agree with my colleagues. You have some leverage at this point, and it's important that you don't make a misstep that could result in you losing your case.
I am defending other clients against Wells Fargo foreclosures, and I would be happy to speak with you about your case.
Feel free to call me for a free consultation.
Andrew M. Bonderud, Esq.
The Bonderud Law Firm, P.A.
Andrew M. Bonderud, Esq. is an attorney with The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.
Criminal Defense Attorney
You could file a motion to compel asking the court to order them (again) to provide the documents. Or you could file a motion for sanctions for their failure to obey a court order. In this motion, you could request that the sanctions imposed be that the case be dismissed (although I will warn you that this is always a last resort and rarely imposed).
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If they do not provide documents tomorrow at the mediation, you should ask for adjournment of the mediation for that reason, if the documents you're eking are relevant and important to your case, and you cannot settle without them. If there was a written order that the court issued at the trial, then file a motion for sanctions for failure to comply with court order or motion to show cause why they failed to comply.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is or is intended to be created by my answer. You should contact an attorney in your area to discuss your case.