Philadelphia, PA asked in Foreclosure, Civil Litigation and Civil Rights for Pennsylvania

Q: How can I move my civil case forward when judge stated that the case is not yet close

3 Lawyer Answers
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: Take necessary actions promptly, follow court timelines, and remain proactive in communication and cooperation with your attorney and the court.

David Kennedy Bifulco agrees with this answer

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Consumer Law Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: I've seen two methods of litigation concerning mortgage foreclosures: the first is foreclosure of the mortgage after due notice of acceleration of the debt evidenced by the Note, and the second is to sue on the Note alone, with the Mortgage reserved for post-judgment relief.

Assuming you are the provable holder of both the Note and the Mortgage, try filing a Motion for Summary Judgment (with Affidavits filed with the Motion showing that no material fact remains, together with a brief reciting applicable law).

Timing, and treatment of different points of law, varies with the court you chose to bring your action. Consult an experienced attorney licensed to practice in your jurisdiction, and consult that lawyer about your issues.

David Kennedy Bifulco agrees with this answer

David Kennedy Bifulco
PREMIUM
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Bethlehem, PA
  • Licensed in Pennsylvania

A: If you are proceeding Pro-se in a Mortgage Foreclosure I recommend that you retain an experienced Attorney to assist you. Attorney's are familiar with timelines and can provide you the guidance you need to navigate this process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.