Dec 24, 2008
QUESTION: Submitted on 2008/12/23 at 8:03pm

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?

RSVP
Allan
BeMoved@AOL.com

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.