Deficiency Seeker says you’re right – we’re not entitled to recover on our Motion for Deficiency Judgment in an old foreclosure case!
This Friday, I got to make one of the best phone calls to a client in my career. As many of you loyal readers of my blog know, I focus part of my practice on post-foreclosure judgment appeals and deficiency cases. This was one of those cases. A plaintiff in the case filed a motion for deficiency judgment in excess of $50,000. The problem with the motion for deficiency judgment? The debt collector did not have the right to go after the deficiency because of the previous case some 4 years ago. There was a problem with jurisdiction, and it made all the difference in this case. On Friday, I got to tell them that the debt collector gave up, that they withdrew that motion. This is an extremely rare call that I got to make, and want to use it as a chance to inform my readers that may think the judge in their case will argue the law for you.
I cannot stress enough, that by not having an attorney, you will be held to the same standards of an attorney. This includes motion drafting and arguing that motion in court. The judge can’t even tell you the cases to rely on – you have to find them on your own. Knowing what to look for at the start of any case is important, but knowing very technical arguments may be the difference between a drawn out lawsuit and a quick resolution. Many readers ask me, particularly in pro se situations, whether or not the judge will make legal arguments for them if they “aren’t a lawyer”. The answer, quite simply, is no. A judge can only make procedural recommendations, they cannot give you the legal argument that may win in your case.
What would have happened if the Motion for Deficiency Judgment was not fought
Unfortunately, the deficiency judgment may have been entered. Again, a judge can’t insert themselves into the case for the benefit of any one party. Without making the right objections and citing the correct law the judge in a given case can only rule on the arguments that are in front of them. Not making the proper arguments can be the difference between winning and losing your case. I highly recommend that anyone that is served in a lawsuit, regardless of the posture of the case is, meets with an attorney prior to filing anything in their suit. Knowing what you are facing can further educate you as to your options.
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