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