Waco, TX asked in Foreclosure, Banking and Appeals / Appellate Law for Texas

Q: I was not aloud to state my case in a hearing last week what recourse options if any are available?

The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded without allowing me to participate. Is that not deprivation of due process? The court wouldn't inform me of what transpired telling me I had to contact opposing attorney to find out the outcome. The evidence I had to show would have prevented any further action on Plaintiff's part. I was not afforded the opportunity to present it. What can I do?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Appeals & Appellate Lawyer
  • Frisco, TX
  • Licensed in Texas

A: If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in preparing and arguing such a motion to assist you.

Time is not your friend. You should immediately contact and retain an appellate lawyer familiar with foreclosure proceedings to assist you in order to avoid waiving the rights you may have to set aside whatever ruling was made so that you can have a new hearing in which to present the evidence. This is an urgent matter which must be addressed immediately, so you should expect the appellate lawyer to charge you more than a typical appeal to accept your case. You should expect to need to pay an initial retainer of $25,000 or more for a competent appellate lawyer to take your case.

Most foreclosure cases inevitably come down to the question: did you as the borrower timely make all of the payments under the loan secured by the property? So you will want the attorney to help you determine whether you have a valid case. Otherwise, you will spend the money to get a new hearing but nevertheless ultimately end up with the same outcome.

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