1. FLORIDA CASE: Have a foreclosure defense in Miami. In what time MUST defendant reply with OBJECTION to the lawyers’ response or submissions, so as not to waive defenses? Cite FRCP if possible.
2. MASSACHUSETTS CASE: I’m sure my Boston loan got securitized and had TILA and other violations before sought Ch 13 BK protection back in 2002-2006, and sold my home of 20 years in 2005 to avoid foreclosure. How might I revisit that case and/or transaction, now that I have UNCOVERED NEW EVIDENCE withheld from me in the redacted documents they offered in discovery, and know what I now know from this site? Got case law how I can reopen this?
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Allan
BeMoved@AOL.com
ANSWER:
Thanks for the worthy comment. You must be more specific as to what you are talking about. If you raise some objection it must be on record and YOU must set a hearing date for it to be heard. Otherwise it will sit there and probably be ignored by the Judge after a long period of time. With OBJECTIONS, the other side need NOT respond at all. If you wanat to set a motion in limine to limit the ability of the foreclosing party to prevent the other side from even presenting evidence, the same procedure applies —- file the motion, state your grounds, and state with specificity the evidence you want excluded. If your reason is that you want them deemed admitted or the refusal of the otherside to answer your questions or objections, then you must state the chronology of events with exhibits. If you have posed questions (interrogatories, request to produce etc) you must file a motion to compel, set ahearing date, set forth exactly what they didn’t do, exactly what your question was, and exactly how their response fails to answer your request or question. If THEY file an objection it will most probably be a form obbjection that doesn’t apply. either way, you should file a Motion to Compel, get a hearing date etc. As with most states, the rules of procedure require that you provide the other side (all parties or their attorneys) with a full complete copy of ANYTHING you send to the clerk, the Jduge or anyone in the courthouse relevant to your case.
Your Massachusetts case depends upon Massachusetts law, with which I am not familiar. If it is anything like the state laws I DO know then there are two cometing principles at work: (1) finality — i.e., once a case is done it is done and they don’t like to re-open cases, period. (2) fraud and perjury: tricky but possible. You not only have to show that there was a fraud upon the court and that it was intentionally withheld from you and the court, but also that it would most probably have made a difference. Grey areas will be decided against you. The Motion is Generally Called Motion to Vacate Judgment for Fraud Upon This Court.
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