BrokeBob Posted November 19, 2009 Report Share Posted November 19, 2009 OK, so this is a foreclosure case, which is different from the credit card cases. Still, it's a legal case.I've got two foreclosure cases going. One against S. Credit Union, the other against Cha$e. I am attempting a short sale on both. I have an offer on the property for which Cha$e allegedly has the mortgage. Cha$e is slow on this, so I may have to push them a bit, but that is in a different thread.The lawyers for S. Credit Union are agressive and sloppy. My RE agent has heard the same thing. I have a hearing in a couple of weeks. I filed for MTD, and then they filed for MSJ to be held at the same hearing. They dumped a LOT of paperwork on me, but it was really sloppy. A lot of hearsay evidence. I know that surviving SJ would put me in a much better bargaining position.After reading a lot of the stuff here, I realized I may have yet another cause for dismissal, much better than the ones I submitted. Or, I might not. I have been looking through the Wisconsin Statutes, and I can't figure this one out.In the Complaint, the plaintiff's atty. enclosed a copy of the Mortgage, but NOT the Note. (BTW, the rent-a-lawyer for Cha$e DID enclose a copy of both). No explaination. Later, in their Objection to my MTD, they enclosed a copy of the Note as evidence. I filed an objection to that piece of evidence, BTW, since it had been altered since my wife and I had signed it, and it was NOT authenticated by the credit union as a true and correct copy. Question:Do I have grounds for a motion to dismiss based on the fact that they did not include a copy of the Note with the original complaint, and have never provided an authenticated copy? I gather that for credit card cases they have to include the contract, etc. By not including a copy of the Note, and never including an authenticated copy of the Note, they have not included the contract with their complaint! Is this grounds for dismissal for all contractual civil cases, or just for consumer debt?Also, Wisconsin has a law that says I can ammend my answers ONCE within 6 months. This is within six months. Also, motions must be made in writing, OR may be made orally during a hearing. Here is my plan, if this is really a fatal error:1. I ammend my answers, and include this as an affirmative defense. Submit to Court on Monday.2. I include this in my Objection to their Motion for SJ. This will help me beat SJ, at any rate.3. During the hearing, I move to dismiss, based on the fatal flaw in the complaint.Might this work? Or, is it at least worth a try? Link to comment Share on other sites More sharing options...
trueq Posted November 19, 2009 Report Share Posted November 19, 2009 Borrowed from the UW-Stevens Point library. I can fax you the section on foreclosure if you want. (Its a 600 page loose leaf binder).It has everything you need to know about foreclosure civil procedure.Send me the pm. It will be later this P.M.I was hoping it would have arbitration stuff, but its fairly sparse....I've been reading up on SJ and punitive damages for my SJ against Hanna and Brachfeld. The civil benchbook lays our the damage burden for every tort. (Although it lacks the Deceptive trade practice damage burden, but I already know the economic loss doctrine does not apply. So reading what the economic loss doctrine is helps to rebut it when opposing counsel cries it does apply!) Link to comment Share on other sites More sharing options...
trueq Posted November 19, 2009 Report Share Posted November 19, 2009 duplicate Link to comment Share on other sites More sharing options...
BrokeBob Posted November 19, 2009 Author Report Share Posted November 19, 2009 Got it! Thanks. Another guy at my work saw the large document and asked if I were selling a house. I said yes. In a sense, that is true. Link to comment Share on other sites More sharing options...
trueq Posted November 19, 2009 Report Share Posted November 19, 2009 but its about 20 pages as well. Link to comment Share on other sites More sharing options...
BrokeBob Posted November 19, 2009 Author Report Share Posted November 19, 2009 To add...I think there is stuff in there that could at least help me beat the MSJ. As for whether I could win the MTD, I don't know. Thanks! Link to comment Share on other sites More sharing options...
BrokeBob Posted November 19, 2009 Author Report Share Posted November 19, 2009 Hm. I probably need the SJ stuff as well. The best time to fax that would be between 5 adn 5:30, if that is OK. That would bother the fewest people at my work. Link to comment Share on other sites More sharing options...
BrokeBob Posted November 19, 2009 Author Report Share Posted November 19, 2009 Thanks! I got that as well! Wow! The plaintiff's atty uses two affidavits in his MSJ, one from a bank official, one from himself. There are some crucial matters of fact that depend on his affidavit. He appears to base some of his statements on 'information and belief'. However, this specifically says that "Affidavits made on information and belief are not sufficient. There is some other stuff about attorney's affidavits as well, and the restrictions thereof. I should be able to blow this MSJ out of the water. Not only that, but I may be able to prevent this particular atty from appearing at any trial! This is dynamite!BTW, how do I use the stuff in a case? Do I reference the benchmark, or the Statutes and cases to which it refers? Link to comment Share on other sites More sharing options...
trueq Posted November 20, 2009 Report Share Posted November 20, 2009 Reference the statue and case direct in the benchbook! (no need to mention the benchbook)That SJ section is gold! I think it would be good to upload to the forum.I wish I had picked this up 2 years ago...I had same crap "upon information and beleif" in SJ affidavits in my 2 judgments! I didn't know to object to that!!!!!I may file to vacate on that basis. Link to comment Share on other sites More sharing options...
BrokeBob Posted November 20, 2009 Author Report Share Posted November 20, 2009 Yes, it IS gold. I took it home at dinner time. I came in the door, went in the kitchen, and told my wife: "This stuff is GOLD!". So, one of my kids decided to be a smart donkey and kept asking me for some gold. They think they can bulldoze us because we're pro se'. Wait until I write up a motion to take their atty off the case because he also signed the affidavits. That goes against the professional code of conduct! Link to comment Share on other sites More sharing options...
BrokeBob Posted November 20, 2009 Author Report Share Posted November 20, 2009 I should add...It turns out that a lot of the stuff this lawyer put in his affidavit turns out to be violations of the professional ethics code. I noticed there is another case in this county in which the defendant is petitioning for sanctions against this atty. I haven't had the chance to look at the case yet. It was unavailable last time I went in.After spending the day violating the ethics code for the benifit of the money lenders, this lawyer spends some evenings teaching a class at a nearby Roman Catholic university. So, what does he teach at a college run by a religion that worships He Whe Chased the Moneylenders from the Temple?Business Ethics! What else? As the Chinese saying goes, Heaven is very high, Beijing is very far away. In other news, Transparancy International's annual report shows the US becoming more and more corrupt... Link to comment Share on other sites More sharing options...
trueq Posted November 20, 2009 Report Share Posted November 20, 2009 You may have won the "foreclosure lottery" with this attorney! Link to comment Share on other sites More sharing options...
BrokeBob Posted November 20, 2009 Author Report Share Posted November 20, 2009 You may have won some bigger lotteries.Look carefully at the sections about affidavits by attorneys, and what is and what isn't considered to be an ethical violation. I would bet you just about anything that you will find some ethical violations in the affidavits signed by attorneys in some of your cases. I will look up the case. I don't think the sanctions have been ruled on yet. If there is anything interesting, I will invest the $1.25 per page fee, and then fax it to you. It's the least I can do. Link to comment Share on other sites More sharing options...
trueq Posted November 20, 2009 Report Share Posted November 20, 2009 JDB attorney putting their interests in my lawsuit against them ahead of their JDB's client's interest just to name one..... Link to comment Share on other sites More sharing options...
BrokeBob Posted November 20, 2009 Author Report Share Posted November 20, 2009 Admin-Perhaps I should've put this in the State Laws, etc. subforum. I thought about this, and put it in the main forum because I thought it might have some applications outside of Wisconsin. If I was mistaken, I apologize.However, this particular case does not involve arbitration at all. This is a straight foreclosure case, no arbitration agreement. The issue of arbitration came up in my OTHER foreclosure case, with Cha$e Bank. This one is with S. Credit Union, and has no arbitration clause. So, I am suggesting this has been moved to the wrong sub-forum.BrokeBob Link to comment Share on other sites More sharing options...
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