Q: What is procedure for nullifying a Writ of Execution obtained fraudulently by Bank attys?
Bank filed motion 4 Fin Jgmt. Ten days is allowed 4 Opp fr Df. Bank secretly obtains Writ fr clerk on Day 5 of motion protocol. Df timely files Opp & learns of Writ.
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A: Unless you have extremely strong proof of fraud, you will not prevail. You also do not state why you believe there is a fraud. Banks do not secretly obtain anything in a legal proceeding. Everything is public record. You need to retain an attorney who is experienced in both mortgage foreclosure defense and bankruptcy. Good luck.
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