Defendant Won Foreclosure Summary Judgement And Attorney Fees But...

kraftykrab

LoanSafe Member
Jan 27, 2014
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Honestly, this is a coin toss....the court found in that instance that as a matter of law Chase admitted to not being the proper owner or holder of the note. But that was a procedural issue, not an issue where the court tried the matter on the merits and made that decision. It could go either way, but I would not count on this being sufficient proof to put an end to this deal. You mentioned the Bartram suit, but if I recall right, that was a case where the court had previously involuntarily dismissed the bank's lawsuit. I dont know if this would be the exact same, because in your case, the bank refused to participate in the discovery process. You filed MSJ and it was granted. A summary judgment is not exactly the same as an involuntary dismissal on other grounds, perhaps. Perhaps it is....it really depends on the eyes of whatever court is looking at this. I do not know how the next court will look at it, all I know is that if we as pro se's were to refuse to participate in the process like Chase did with you, we would NEVER be allowed so many extra chances to bite from the apple....
 
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onacliff

LoanSafe Member
Nov 1, 2012
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So, pennymac sued us... and they have just Motioned to Strike Affirmative Defenses...