I just found out from a source that the lender's attorney spent a lot of time preparing the summons and complaint but almost none since then as he didn't expect anyone to object or defend the lawsuit.
Your source is BRILLIANT! He discovered the critical and obvious dynamic to foreclosure litigation that has been staring you in the face all along. But still you fail to understand.
One fact that is poorly understood and poorly appreciated by foreclosure defendants is that foreclosure mill attorneys typically do foreclosures for a fixed price.
This is counter-intuitive, because lawyers almost never work that way in litigation in most areas of the law. But it has some rather obvious and critically important implications as to time and resources allocated.
The foreclosure mills make their money on the volume work, where routine pleadings can be cranked out by a larger constituency of paralegals working with minimal supervision to obtain a very large portion of default judgments. Even before the robo-signing crisis, the law firms were not staffed or compensated to actually litigate any large volume of these cases when actually defended.
Since the law firm makes money by litigating undefended cases and these are the cases which require minimal time, there is a natural tendency to favor taking on and completing ten new cases BEFORE applying resources to a single case the is opposed. The defended case is set aside and languishes.
The defended case is picked up periodically and some effort is made, but the effort is not consistent, thorough or well thought out.
In better days for the foreclosure mills, this was still often effective for a different reason. Usually, in a defended case, the borrower would obtain counsel from an inexperienced attorney will little expertise or familiarity with foreclosure. This attorney would take the borrower's money, usually including a stiff up front retainer. The defense attorney would throw some poorly conceived defensive pleading into place.
The economics of fixed price versus per hourum attorneys can actually work for the lender in this situation. The foreclosure mill attorneys would crank out a few motions, a little discovery, make some calls to the defendant's attorney, essentially ANY ACTIVITY that caused the defense attorney to spend some time to bill the client and chew up the retainer. After billing several hours and making a court appearance on the defendant's behalf, the defense attorney then asks the distressed borrower for an additional cash amount for legal fees, with essentially nothing to show for the effort. The defendant also comes to appreciate that the ineffective attorney is UNLIKELY to prevail and the prospect of advancing more funds against an almost certain loss seems uneconomic. (The honest but inexperienced defense attorney tells the defendant that the case is hopeless AFTER securing the retainer.)
The borrower fails to make further payments and the defense attorney withdraws. Thereafter, the plaintiff steamrolls the now unrepresented borrower and quickly wins when the defendant misses a filing deadline or fails to make some critical court appearance. These cases usually quickly ended in summary judgment, when the borrower shows up at the summary judgment proceeding unaware that no testimoney will be taken at the hearing, or even failing to appreciate that the matter will be decided by submission on affidavits and submits no admissible evidence at all.
What I am trying to get across, is that the mills were routinely winning these cases not through superior preparation and legal skill, but rather by simply waiting for the defendant's attorney to become bored about not getting paid and then pressing for advantage when the unrepresented borrower made serious mistakes after teh first attorney withdraws. The plaintiff wasn't winning, the defendant was instead losing.
When attorneys are paid by the hour, they have an incentive to devote more time to a case. When attorneys represent a client for a fixed price, their incentives are distorted and they make the most money by minimizing the amount of time and effort devoted to each case.
When a foreclosure case become protracted and the defendant is consistent, what tends to happen is that the foreclosure mill begins to make mistakes, very often many of them. Drawing the matter out not only keeps you in the house longer, but also contribute to the plaintiff's accumulating errors and an ongoing lack of familiarity with the case. You are litigating a single case and can readily keep the facts, the filings and various nuances in your head (if you are reasonably intelligent). Each foreclosure mill attorney is usually litigating upwards of several hundred cases simultaneously, of which your case is only one undifferentiated case.
Use this to your advantage!
I am dismayed that you are complaining about the amount of time it takes the court to decide motions. What are you smoking? It reflects a fundamental disconnect with foreclosure litigation reality. You are NEVER, EVER in a hurry for the case to be resolved. Resolution most often means a judgment is taken against you with the lose of your home. If you are operating under the false premise that even a small fraction of foreclosure cases result in a final dismissal of the action and a total win for the defendant, you have been sorely misled by the swindlers operating other sites.
One of the fastest ways to discover the fraudulent nature of the representations of criminals such as Mike H. and Chris Dix is to simply look at their fraudulent claims. If the assertions of these con men are to be believed, these non-attorneys are responsible for essentially ALL of the successful outcomes nationally which number less than one hundred over the past five years.
This is roughly the equivalent of someone telling you that they hit the megajackpot at the same casino mulitple times. If someone told you that they had hit a $2 million slots jackpot, you would have reason to be skeptical. If someone tells you that they are able to do this on every casino visit, there is no reason for skepticism, as yo may be certain that they are LYING. Probability doesn't work that way.
Your GOAL is never to get a sooner decision by the court, but rather to draw things out. This (a) keeps you in the property rent and payment free for an extended period of time, (b) clouds the plaintiff's memory about the specifics of your case, which must be re-learned with each new motion, hearing or other setting, allows you to slowly and thoughtfully build up a strong defensive case, where your pleadings may go unread and key evidentary points are overlooked (no one is paying the mill to read your pleading so they go unread or if read are forgotten in the muddle of all the other cases), (d) vastly increases the chances of a transfer or sale of servicing rights during the pendency of a case, creating evidentiary problems for the plaintiff (the witnesses who might authenticate documents are no longer employees of the new servicer and plaintiff), (e) vastly increase the chances that an individual attorney or law firm litigating, resigns, is replaced or the case reassigned with another new person picking up in the middle, (f) that there are useful appellate decisions opening new avenues of defense or attack, (g) that the legislature or court system changes the law or the rules to your benefit, and (g) that you might actually get to the statutory limitations period for suits on an unpaid promissory note and that a dismissal without prejudice of the first case is ALL YOU NEED TO WIN.
Are you as eager for the contest to begin when you are playing goalie for your local rifle team, while the opposing team is using .50 cal rounds on targets you are going to protect without a vest by interposing your body?
You are SO SURE that you have a terrific case that you want the Judge to rule right away? If this is how you are approaching your case, you are truly an IDIOT. You need to take a sedative, sit back and learn to ENJOY the rush of glaciers! Practice fishing. But to avoid any false comparison at prospects of actually catching a fish, practice fishing in your neighbor's swimming pool. Learn to enjoy it.
As long as no judgment has been taken against you TIME IS YOUR FRIEND in judicial foreclosure states, NOT your enemy. What's the HURRY? Do you really crave homelessness that badly?