Motions for Summary Judgment: Just the Facts Ma’am

Question:

Mr. Garfield, you have just answered another question. The Plaintiff just filed for a “summary judgment” on the grounds of this matter supposedly not being contested. I sent them back a motion of opposition with affidavits and the court’s docket contradicting their allegation. The motion is set for a hearing on January 6th which I also requested continuance along with an affidavit, declaration and a memo of points. I also sent the judge a proposed order for continuance which I still have not received whether granted or not. But I was looking at the Docket again and I noticed a “motion for default” and you just explained it to me. They also included an affidavit of as to amount due and owing which is 200% contradictory and I responded via motion to strike affidavit. The I sent them discovery and have not heard from them. Although the summary judgment is for a matter not supposedly contested, can I still ask the court to dismiss at hearing for lack of standing being that there is no evidence of Plaintiff owning anything and in accordance with their Pool and Servicing Agreement are not authorized to institute or defend any actions?

ANSWER:

I do not take cases. I assist lawyers who do take cases. Basic message: win at the beginning or lose in the end. That means keep the pressure on them — BUT you don’t want to go for the kill until you have a clear shot. That happens only when the Judge gets fed up with their stonewalling on discovery and basic issues like where is the note, who has it, were there any assignments, where are they, and who is the holder in due course. Don’t try to win the whole case. Win it in pieces.

Motion for Summary Judgment is about one thing: whether there are any facts in dispute that need to be heard at trial. That is it. Your job is to say that you deny payment wasn’t made (because it was made by a third party) and that if any money is owed after all your defenses, affirmative defenses and counterclaims are heard, it isn’t to the party(ies) seeking to foreclose, who have no money on the table, who have no loss and who have no authority to represent the real people who put up the money for the loan. ALL you want at this stage is to get the Judge to understand that there are issues here that need to be tried on their merits. The issue is not whether you executed loan documents — the issue is to whom any money is owed, and if so, how much after deductions for your set-offs, counterclaims, and any insurance payments or federal bailouts were paid.

8 Responses

  1. […] Motions for Summary Judgment: Just the Facts Ma’am […]

  2. Mr Garfield,
    I ran out of space I should have email you the attachment to my comment instead. I would appreciate it more and will be be more helpful if you could e mail me a contact number to call you

  3. Mr. Garfield,
    I need legal assistance to make a clear presentation to our case to refile in court after the Judge had dismissed our case in grounds of non compliance to a Judge decision of April 6, 2010 to make mortgage payments pending completion fo the trial August 30, 2010. The Amount of which was equal to the same amount that we are disputing base on the findings that we are paying for the wrong loan of which we did not executed the respective loan documents. We were advised by our Attorney on April 9 2010 that the court had ordered to submit a proposal to the court an amount of which the barrower believes should pay before the loan was modified by the lender. The attorney submitted the proposed amount to the oppposing
    counsel as indicated in the documents for $750.00. On April 22, 2010 our attorney sent us a letter demanding for additional retaining fee of $1,000.00and extra funds to hire a handwriting expert of $1,500.00 and a mortgage payment of $1,763.67 of which total was almost $5,000.00 and needed to be received by his Office before the end of April 2010 otherwise he wont have a choice but withdraw from the case.
    We have agreed to make a committment to be able to pay

  4. Very good answer and thank you. For those of trying to save not only our homes but our nation, it is a God send for folks like you who are knowledgeable and willing to share that knowledge to those of us seeking to stop this illegal and predatory actions of those money laundering petty foggers whose aim it is to steal America one home at a time.

    Please, do not ever give up the Rescue America ship.

  5. I really need some help here: I have cried & cried! Our house is going to be sold June 2nd 2010 on the court house steps by a trustee! I motioned for the Court for an Injunction- did I ask for the wrong thing????

    debdgg@aol.com

  6. i second ny’s thank you to mr garfield, you are truly a pioneer and savior to many in need

  7. In re:

    Basic message: win at the beginning or lose in the end. That means keep the pressure on them — BUT you don’t want to go for the kill until you have a clear shot. That happens only when the Judge gets fed up with their stonewalling on discovery and basic issues like where is the note, who has it, were there any assignments, where are they, and who is the holder in due course

    Well Mr. Garfield, your words are becoming a reality. I received back partial Discovery answers from another law firm which looks like incoherent ramblins. I guess is time to compel.

  8. This is b-e-a-utiful. thank you Mr. Garfield, my utmost respect to you sir and have a wonderful new year .

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