Homeowners in growing numbers lately, even pro se, have suddenly been defeating summary judgment in foreclosure proceedings or securing appellate reversals of prior summary judgments remanded for trial.
As our listeners know, there are many foolproof ways of challenging the validity of default notices, general loan ledgers, and ownership of promissory notes at filing inception, which we have addressed on prior shows, one or more usually sufficient to defeat summary judgments once you know how easily it can be done, depending of course always on how knowledgeable your foreclosure Judge is.
Just last week, I had a visit from a homeowner who appearing in court pro se defeated summary judgment in two separate foreclosure cases of his – but admitted being dumbfounded regarding what he needed to do next, anticipating going to trial.
Today’s show addresses that precise question, having defeated summary judgment, what comes next?
Although usually, the issues will be the same at trial as they were at the summary judgment hearing, there is one big difference.
In defeating summary judgment, you need show only that there are material issues in genuine dispute.
But at trial, to prevail, you must convince the Court that it is more likely than not that your version of the facts is correct, what is called the weight of the evidence, not merely that there are facts in dispute.
On today’s show, we will summarize the ten things you need to do after defeating summary judgment in order to prevail at trial, the knowledge of the research tools you need to prevail, and the obstacles that will face you, as time permits.
First, what you need to know:
- How to research and retain trial counsel.
- How to deal with your foreclosure Judge.
- How to research and deal with your opposing counsel.
- How to research your foreclosing plaintiff.
- How to research and use your jurisdiction’s case law.
- How to research and use your jurisdiction’s evidence rules.
- How to research and counter opposing counsel’s witnesses.
- How to research and counter opposing counsel’s exhibits.
- How to research and settle your case before trial.
- How to research and settle your case if you lose at trial.
Unfortunately, the obstacles in the way of homeowners prevailing at trial are still many:
- Unless you filed first, you will not get a jury trial.
- Often the outcome will depend on what your trial budget is.
- Another limiting factor is how much equity you have in your property worth saving.
- There are few competent foreclosure defense attorneys nationwide, at best only a handful, if any, in every State.
- There are few knowledgeable foreclosure judges nationwide, in some States none.
Nevertheless, having defeated summary judgment, if you listen to today’s show you will increase your knowledge of how you can win and win big at trial and save your home, as many others are doing, despite the otherwise formidable obstacles.
Gary Victor Dubin
Dubin Law Offices
Suite 3100, Harbor Court
55 Merchant Street
Honolulu, Hawaii 96813
Office: (808) 537-2300
Cellular: (808) 392-9191
Facsimile: (808) 523-7733
Licensed in California and Hawaii