I knew I was in trouble with 1 minute of appearing before the judge in my NY foreclosure case.
Judge: 'you haven't made made a mortgage payment in 6 years'
defendant: That's correct your honor
Judge: And you've been saving that money?
defendant: No, your honor. I lost my job and was unable to make the payments. After 6 loan mod. applications, the bank wasn't willing to work with me.
Judge: so what do you expect, a free house?
So much for the supreme court judges not supposed to be prejudiced. He did give me time to submit my objection to the motion for summary judgment; which included: an affidavit, my 12 affirmative defenses, 2 meritious defenses, a memorandum linking the defenses and evidence, plus references to law statues and case law, and 47 pages of documented evidence. I requested discovery and based on my defenses, that the case be dismissed.
In addition, I had received notification the week prior that the plaintiff had SOLD MY LOAN 2 months prior to this court date and brought the letter to court with me. After reading it, the judge said 'well, we can fix that' and ordered the plaintiffs attorney to modify the caption and substitute in the new owner.
He then said that I was denied discovery because I didn't attend the settlement conference. And denied dismissal based on the evidence I submitted in my opposition papers because it would have prejudiced the plaintiff.
And then granted summary judgment to the plaintiff.
I was so astounded that I couldn't speak, let alone object. You bet I'll be filing an appeal!! UNBELIEVEABLE.