Many struggling homeowners whose mortgage is under the water, also find themselves in double dilemma due to high cost of legal representation.
The Banks that caused the mortgage breakdown problems also have all the money in the world to higher costly Attorneys to help them intimidate homeowners in order to cover their fraudulent activities and steal your homes right under your nose. However, it takes a willing and courageous mind to stand firm and fight the lenders to the finish. Why do you need to fight this good fight? because your survival and your future especially (the equity in your home) is at stake. Don’t let criminals steal them away from you.
The court system can be confusing and it is a good idea to get a lawyer if you can afford one. The law, the proofs necessary to present your case, and the procedural rules governing cases in the Law Division, Civil Part are complex. Since valuable claims or potentially heavy judgments may be at stake, most litigants appearing in the Law Division, Civil Part usually
have a lawyer, but some don’t due to the ridiculous amounts of legal fees Attorneys charges for representation.
For Homeowners who could not afford an Attorney, what you need is courage and strength like a LION! to successfully fight and win your case. While it may appear stressful when you don’t know how to begin the fight, once you learn how the court system works and the procedures and follow the rules and instructions, you will successfully challenge and win your foreclosure case. You need to pursue the Banks from the point of strength , not from weakness. Once you show them that you know what they know and will fight them with everything you got, just watch and see them slightly backing away and looking for opportunities to settle your case and modify your loan which they had refused to do for months.
If you are being sued by the Bank, and you have no knowledge at all about the legal procedures, you might want to contact your insurance company to see if it might provide a lawyer for you. Most likely, your opponent will be represented by a lawyer. For a start, you may contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found in your local
yellow pages under “Legal Aid” or “Legal Services”.
If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. That number can also be found in your local yellow pages. Most county bar associations have a Lawyer Referral Service. The County Bar Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and will sometimes consult with you at a reduced fee.
There are also a variety of organizations of minority lawyers throughout any given State, as well as organizations of lawyers who handle specialized types of cases. Ask your county court staff for a list of lawyer referral services that include these organizations. Bear in mind that it is not always easy to obtain a free lawyer as the profession of law is a complex one.
It is recommended that you make every effort to obtain the assistance of a lawyer, at lease for some form of guidance if you don’t know how the legal procedures works, but if you are a Homeowner who cannot afford a lawyer, and cannot afford to lose your home, (THEN WHAT YOU NEED IS COURAGE AND STRENGTH), even if you don’t have prior experience in legal procedure. The Pro se package at http://www.fightforeclosure.net has numerous step by step guides how the legal system works and if your are willing to follow simple instructions, you can successfully challenge and defend your home without a lawyer.
If you decide to proceed without an attorney, these materials explain the procedures that must be followed to have your papers properly filed and considered by the court. These materials do not provide information on the law governing your claims or defenses; information on how to conduct pretrial discovery; information on alternative dispute resolution procedures, such as arbitration or mediation, that may be available or required in your case; information on the kinds of evidence you
need to prove your claims or defenses at trial; or information on other procedural and evidentiary rules governing civil law suits. These types of information as well as pleadings for effective challenge of your foreclosure case can be found in our foreclosure defense package which can be found http://www.fightforeclosure.net
For Homeowners who represents themselves, there are few things you need to bear in mind.
WHAT YOU SHOULD EXPECT IF YOU REPRESENT YOURSELF
While you have the right to represent yourself in court, you should not expect special treatment, help, or attention from the court. The following
is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help.
The following is what you need to know about how the court works.
WHAT COURT STAFF CAN DO!
— Court Staff can tell you what the requirements are to have your case considered by the court. — We can give you some information from
your case file.
— Court Staff can provide you with samples of court forms that are available.
— Court Staff can provide you with guidance on how
to fill out forms.
— Court Staff can usually answer questions about court deadlines.
WHAT COURT STAFF CANNOT DO!
— Court Staff cannot give you legal advice. Only your lawyer can give you legal advice.
— Court Staff cannot tell you whether or not you should bring your case to court.
— Court Staff cannot give you an opinion about what will happen if you bring your case to court.
— Court Staff cannot recommend a lawyer, but can provide you with the telephone number of a local lawyer referral service.
— Court Staff cannot talk to the judge for you about what will happen in your case.
— Court Staff cannot let you talk to the judge outside of court.
— Court Staff cannot change an order issued by a judge.
KEEP COPIES OF ALL PAPERS!
Make and keep copies of all completed forms and documents related to your case.
DEFINITIONS OF SOME OF THE WORDS USED IN THE COURT.
Pro Se: Pro se means by oneself. A pro se litigant represents him or herself in court without the aid of counsel.
Brief: A brief is a written argument submitted to the court in which you present the facts and the history of your case and the legal argument supporting the request you have made to the court in your motion.
Calendar Motion: A calendar motion asks the court for a ruling related to the scheduling or timing of your case, such as a motion for more time to file papers. Before filing a calendar motion, the moving party must try to resolve the matter with the other party(ies) in the case.
Certification: A certification is a written statement you make when you file your papers with the court in which you state that all the information contained in the papers is true to the best of your knowledge.
Discovery Motion: A discovery motion asks the court for a ruling on some phase of the discovery process such as a motion for more specific answers to interrogatories, a motion to compel depositions. Before filing a discovery motion, the moving party must try to resolve the matter with the other party in the case.
Docket Number: The docket number is the number the court assigns to your case so that it may be identified and located easily. Once you have a docket number, you must include it on all your communications with the court.
Motion: A motion is an application to the court for a specific order or ruling to be made in favor of the person making the motion (the movant).
Motion Day: Courts hear motions on specified days in some jurisdiction, it is usually on (Tues or Fridays) on the court calendar called motion days. While in other Jurisdiction, the motion days can fall on any day, so please check your local jurisdiction when filing your motions. A schedule of the court’s motion days can be obtained from the court staff or on Internet at the Judiciary’s website.
Movant or Moving Party: The movant or moving party is the person who is bringing the motion.
Notice of Motion: A notice of motion is the form used to inform the court and all opposing parties that the moving party is seeking a specific ruling or order from the court.
Oral Argument: Oral argument refers to the appearance in court by the parties to present their positions to the judge in person. Either side may request oral argument, but the decision on whether there will be oral argument is up to the judge. If oral argument is not requested by either of the parties or the judge, the motion will be decided “on the papers.”
Proof of Mailing: Proof of mailing is the form in which you provide the dates and the method you used to give the other parties copies of the papers that you filed in court.
Proposed Form of Order: A proposed order is a form that the judge can use to either grant or deny the relief sought in the motion. Every motion must be accompanied by a proposed form of order.
Return date: The return date is the date on which the court will consider the motion. If you request oral argument, you must appear before the judge. If no oral argument is requested, the matter will be decided “on the papers.” That is, the judge will decide the motion on what has been submitted in the moving papers and in the opposition papers, without having anyone appear in court.
Summary Judgment: A motion for summary judgment asks the court to resolve the case in the moving party’s favor without a trial because there is no dispute over the facts of the case and the law supports the moving party’s position.
Response in Opposition Motion: This is type of Motion an opposing litigant needs to file in response to the motion for summary judgment. The purpose of filing this response is to tell the court that there are “genuine issues of material fact”, in dispute which requires that the opponent’s motion for summary judgment should not be granted as a matter of law.
In certain Jurisdiction, the opposition motion can be called by certain names, but Pro se litigants should ensure that the caption motion they are filing indicates either the phrase “response in opposition to Motion to Summary Judgment” or “Objection to Motion to Summary Judgment”, this is to ensure that the Court understands that you are opposing such Motion otherwise, it might be granted by default without an opposition in place, which will automatically end your case unless you appeals that final judgment.
STEPS TO TAKE TO RESPOND TO A MOTION
STEP 1: COMPLETE THE CERTIFICATION IN OPPOSITION TO MOTION AND CERTIFICATION OF SERVICE. In some jurisdictions, it is called (FORM A).
The Certification in Opposition to Motion tells the court the reasons why you object of the ruling requested by your adversary and why the court should deny the request. Fill in the required information.
You must indicate whether you want to waive oral argument and let the judge decide the motion on the papers or not. If you request oral
argument you must tell the court why you think it is necessary. Note: The judge makes the decision on whether there should be oral argument. The judge may request it even if neither party asked for it. Similarly, the
judge may deny the request for oral argument. The Certification of Service tells the court the date on which you mailed the copies of your response to your adversary.
STEP 2: PREPARE YOUR RESPONSE FOR MAILING.
Checklist: You will need the following items:
___ The original of your Certification in
Opposition to Motion for filing in court. If you want the court to return a copy stamped “filed,” you should include a copy and a stamped self-
addressed envelope or take a copy with you to the Clerk of Courts when you are filing it to have the second copy stamped.
___ One copy of the Certification for each party to the lawsuit.
STEP 3: MAIL THE CERTIFICATION IN OPPOSITION TO MOTION TO YOUR ADVERSARY AND ANY OTHER PARTY TO THE LAWSUIT.
Check with your local rules to ensure what the time of service is. In some jurisdictions, you must serve your adversary no later than 8 days before the specified return date of the notice of motion (10 days if it is opposition to a motion for summary judgment). IT IS IMPORTANT THOUGH TO CHECK TO ENSURE WHAT YOUR LOCAL RULES INDICATES AS TO HOW MANY DAYS YOU HAVE FOR SERVICE.
While some court rules do not require you to send your papers by certified mail, it is suggested that you send your certification by regular and certified mail, return receipt requested. You will then have the green card when it is returned to you as proof of service.
STEP 4: MAIL OR DELIVER THE CERTIFICATION TO THE COURT. You may deliver your papers to the court in person or you may mail them. The court address is usually available on line at their website.
If you mail the papers, we recommend that you use certified mail, return receipt requested.
Mail or deliver to the court the original of the Certification. If you want the court to return a copy marked “filed” to you, include a copy of the certification along with a self-addressed, stamped envelope. Remember to sign everything you file with the court with Original “Ink Pen” impression before filing. (Photocopies are usually not accepted for filing unless, you sign it again in front of the clerk with “ink pen” impression).
If you find yourself in an unfortunate situation of losing or about to your home to wrongful fraudulent foreclosure, and need a complete package that will help you challenge these fraudsters and save your home from foreclosure visit: http://www.fightforeclosure.net