Litigation
Litigation cases arise when a party files an action against a creditor or contests an action initiated by a creditor. During the pendency of a foreclosure action, borrowers can initiate counterclaims against the lender or contest the foreclosure action by filing an answer. When a foreclosure action is contested or counterclaims are filed, the lender will often need to respond with active litigation in order to proceed with the foreclosure and defend their interests. Activist Legal and our local counsel can litigate to defend a lender’s interests and provide the following actions when necessary:
Activist Legal and our local counsel can file an answer to a complaint or to respond to answer and counterclaims filed by the defendants.
If a complaint cannot be easily adjudicated because there are facts in the dispute which are unclear, Discovery will often be propounded by the parties. Both parties to an adversarial proceeding can demand that an opposing party admit a fact, request documents and question the opposing party in writing. Parties can also request a deposition, which is a formal process by which sworn testimony is obtained from witnesses. Activist Legal and our local counsel can work with clients to respond to Discovery initiated by the opposing parties. Alternatively, Activist Legal and our local counsel can assist clients to propound Discovery on opposing parties, which will commonly include a request for admissions, interrogatories, and requests for documents.
A motion for summary judgment can be filed in an adversarial proceeding when the facts are not in dispute. In contested foreclosure actions, these are often filed by the lender if the borrower’s arguments fail to show merit, or after the completion of Discovery. Activist Legal will work with our local counsel to file a motion for summary judgment, by securing the necessary documentation and information from the lender.
Either party in a disputed action can file a motion to dismiss the case. A motion to dismiss is initiated by a party seeking to dismiss a claim or a legal action in its entirety. Activist Legal and local counsel can respond to efforts by a borrower to dismiss a lender’s foreclosure action, or efforts by the lender to dismiss actions and counterclaims initiated by an opposing party.
Trials are infrequent as most cases are settled, adjudicated or dismissed prior to reaching this stage. If parties fail to reach a settlement and judgment is not granted by the court, then the court will hold a formal trial with all the parties. Activist Legal and local counsel can work with clients to schedule witnesses, as well as obtain documents and information for the trial.