Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Steve Anderson
Hi, I received this Judicial Assignment Notice today, August 30, for the above motion I filed on August 8th. Now, when this date arrives I have to be in court to argue just that motion or will there be some other events. The reason I am asking, is, there have been a few surprises along the way, that I was not aware of, like needing an affidavit to support the motion.

Actually, that date will be like almost the 60th day, that I asked for an extension of time from after service of summons...so I am not understand what will occur. Will they grant me more time, and what would it be, if the 60 days are already up? Also, I guess I shouldn't file my Motion for Dismissal before then, right? That is surely a followup after this hearing. I am asking all this questions because I just don't have the money to pay for legal representation and want to proceed as legally as I can to defend my home from foreclosure. So, will await your assistance before I act or react any further, SA
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George Burns
As far as I have ever seen, a Notice of Judicial Assignment simply is a notice that a judge has been assigned to the case. Some jurisdictions require written consent or objection by the parties.

It usually does not have a hearing nor does it affect the timining of any responses predicated by the Complaint or other filing.

It seems to me that you are completely misunderstanding the court procedures in your jurisdiction.

I suggest that you read again the Notice. Then find out the applicable rules for court proceedings in a foreclosure case in your jurisdiction.
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Steve Anderson
Hi, thanks for the replies. Well, I am trying to get a handle on the legal proceedings but noone seems to either want to assist or does not know what happens in this first legal meeting.

I did talk with someone after I added this post to the forum. Most foreclosure cases go like this, he said. You have to file an RJI then a motion, if need be, for more time. This is necessary because they only give you like 20 days to respond. I can't beleive they only give you that long to reply. I mean this must happen all the time, who decided that arbitrary schedule, wow, lawyers should have had this time factor changed decades ago.

So, I guess what I am inquiring about, and please help me with this so I can prepare accordingly. When the hearing comes up on September 16th, they are only going to discuss the Motion for an Extension of Time ,right, that is what the judicial assignment notice says and my motion hearing date? If they are going to start some other proceeding because the 60 days are almost up, then I would like to be informed of that. I don't know why you have to have a court date for a simple extension of time. If the plaintiff's lawyer objects, then that is different, but haven't heard from them, since I filed the motion.                                                                                           

I want to thank everyone in this forum for helping me with my foreclosure so far. I want to go about the defending in the proper matter, so please keep up the adept assisting, appreciate it, SA
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Steve Anderson
Oh, I forgot to mention at the bottom of the Judicial Assingment Form, here is what it states.

1996 Legislation amends CPLR 3212(a) allowing courts to set a date by which a party must make a summary judgment motion. The Sixth Judicial District has set a date at no later than 60 days after the filing of the note of issue. This amendment takes effect January 1, 1997.

So, they won't file a summary motion then, on the 16th of September, right. I need to know this for a fact, so please reply when you can, TIA, SA
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