What is the time limit for lender to respond to a defendants Motion to dismiss ? Mortgage foreclosure.

In foreclosure actions there is no real set time to reply to the Motion to Dismiss other than a very specific reply by the bank. It is important to...

My wife and I purchased a condo during our marraige. However, only see signed the loan documents. The loan went into default.

I would recommend speaking with an attorney that practices foreclosure defense. The lawsuit has some nuances that can be raised as defenses on your...

My foreclosure was dismissed w/o prejudice. Bank has not refiled. In January it will be 5 yrs since I defaulted. Has SOL run?

I would speak to an attorney to inform you of the statute of limitations and tolling arguments. It is important to note that generally the Statute...

According to UCC305(c) How Can a lender Foreclose when this is the law?

While that may be a valid defense to the enforcement of a note, it is generally considered a fact question and will require some litigation to...

I received a letter for foreclosure non-jury trial.

Generally, I caution clients on going to trial. Exploring loss mitigation prior to trial is highly recommended. I would speak with your attorney...

If you have been served a letter to the bank won't fulfill your obligation to respond. As a named defendant you were found by the bank to have an...

How long do I have after a default final judgment for possession

Generally, a default final judgment will set the date in it. It is possible to avoid the sale of the property though, in some cases, if you look...

When does the statute of limitations run, i. e. date,for mortgage foreclosure

It depends on a lot of factors but the key is the Mortgage. Some mortgages make the date really easy to determine, while others create some...

This depends on a number of circumstances - including the status of the person living in the home. Even though you may not see anyone coming and...

It really depends on other facts that are in the case and where you are at in the litigation practice. The backdated assignment of mortgage may...