Q: After answering the foreclosure complaint within20 days,the plaintiff filed notice to drop parties and Mot. Sum Judgm
Foreclosure Complaint filed and Summons Issued on 4/3/17. I never was served. I found out about this because I was checking for a court case online. I filed the Answer to the Complaint within 20 days of the Summons issuance. Answer filed and mailed to Plaintiff attorney on 4/20/17.
Now I checked the online docket and it shows that the plaintiff filed a "Notice of Dropping Parties - Generic" and also they filed a "Motion for Summary Judgment" on 7/24/17.
It looks like they didn't notice that a Complaint Answer was filed in the correct time and they want to proceed without reviewing my answer. This is the second time they filed a Complaint against the same property. The first case was voluntarily dismissed. The main issue with this case is that the Note is lost. Also, they have filed an Affidavit of Diligent Search and Summons Returned Unserved, stating that they don't know where I am residing.
The Answer filed by me on 4/20/17 shows all my contact information. What should I do now?
A:
Does your answer appear in the online docket? If so, it is indeed strange that they didn't notice it.
You should realize that a motion for summary judgment is normally the correct motion to file when an answer has been filed. What you need to do is to respond to the motion for summary judgment, including an affidavit or affidavits showing that there really are one or more genuine issues of material fact.
A: The fact that you filed an answer may waive your objection that you were not served. I agree with my colleague, a Motion for Summary Judgment appears to be the correct way to proceed and you will need to file an affidavit or else Summary judgment will likely be granted and you will not have any other recourse. I would recommend hiring an attorney to review your case with you because your affidavit has to address a specific issue of fact so that trial will be required by law. Best of Luck! Jennifer
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