Login
Register
The Importance of Going to Your Court Date.
Posted on 02. Nov, 2011 by hope-mitigation in Blog, Foreclosures, My Blog
A client calls me last month, lets call him Mr. X, and we talk about the issues he was facing with his mortgage. I was able to inform him of a court date that he was not aware of. No notice of any kind was given or sent to him. He asked me if I would go with him to court to help. After disclosing that I was NOT an attorney, I could not represent him in court. He just wanted support. I arrived to the court room 10 mins before the scheduled time.
I scanned 2 docket sheets of about 42 cases that day! I looked around and noticed Mr. X and I were the only ones there as far as defendants go. The room was buzzing with attorney and their mountain high stacks of files.
After each name was called by the judge was called, no one showed up. The judge was granting judgments like it was still Halloween and it was a trick and not a treat!
After a brief time my clients name was called. We both approached the judge. The banks attorney had an overwhelming stack of files she was steam rolling thru. The judge informed us that the attorney was not ready to proceed today and we would get notification of the next court date (witch was not set).The judge then went into telling Mr. X that he has time becasue he has options still. (very import peice of this. as a home owner, or I guess you could say mortgagee, YOU HAVE OPTIONS!). The judge also asked, and is the purpose of this blog, "Are you doing anything to remmedee this issue?" At that point my client was able to tell the judge what it was that he WAS doing to take care of this. The judge was very receiving of this information. The judge wants you to be there so he can explain whats going on. The judge is the one person you want on your side. If you have a chance to explain your situation and what your doing about it, he might slow things down to allow for your options to play out.
So it is important to show up to your court dates because if you don't, the system will Steam Roll past your case. I do believe, that this is not personal, It's the system. If you don't care enough to go to court for your issues, then what does the court care. If my advice holds any weight, you will consider showing up at ALL of your court dates because you need to take a Pro-Active stand in this matter. It just doesn't go away. I understand that its a tough decision. But doing something is better than doing NOTHING!
Be Pro-Active in your foreclosure case. Your participation can buy you time to discover
options you may have. What ever you do, dont throw in the towel. YOU HAVE OPTIONS!
Thank you for reading this and feel free to share this with you social media sites and/or comment below. Lets get the word out.
Nick Mancuso
Hope Mitigation
815-312-1476
13 Responses to “The Importance of Going to Your Court Date.”
Leave a Reply
Connect With US!
Many thanks for taking the time to discuss this, I feel can locate any data in content and discus forum
Hey! nice post you have there. Thank you.
This post was very nicely written, and it also contains many useful facts. I appreciated your professional manner of writing this post. You have made it easy for me to understand.
Thank you for this quite insightful entry. I totally agree with you.
Howdy! I just found your website: The Importance of Going to Your Court Date. | Hope Mitigation when I was browsing delicious.com. It looks as though someone appreciated your website so much they decided to bookmark it. I'll surely be returning here more often.
Thanks for huge information for us, when i read your post..i can’t leave without comment.
Hello, I love reading your site. Hjalmar Lindholm
This whole case has stunk from the beginning. Genia was rohtwn in jail when she was 7 months pregnant, the father was allowed to move away and more agregious behavior was allowed to be perpetrated. We in the general public will never know the whole truth and as I saw on the Law blog where this blog was linked, I saw a poster make a comment about the truth. That poster is so correct. As a battered mother myself, I know all to well how the courts treat abused and battered women in court. I was in fact told that since I knew my husband was abusive before I got pregnant, therw as now a child so I now need to deal with whatever abuse my ex husband chooses to give me. In other words, I made my bed, now I have to lie on it. These autracities are happening all over the United States. The courts are not the only guilty players. This goes across the board with police dpeartments, psychiatrists, pscychologists and GALs (children's attorney) being guilty of the same bias.Another example:GAL questions a child in this manner:GAL: Was there fighting or yelling in your hosue?Child: Yes my daddy always yells at mommy and daddy hits mommy.GAL: Daddy hits mommy? Does mommy hit daddy?Child: No only my daddy hits.GAL: What does mommy do?Child: She tries to stop him from hitting.GAL: How does mommy stop daddy from hitting?Child: She runs, hides, holds her arms up.GAL: Does mommy hit daddy while he is hitting her?Child: No, I told you only my daddy hits (starts crying).GAL conclusion?Mommy talks to child too much about alleged father violence so therefore mommy should not ahve custody.When society is destroyed as a result of men wanting to criminalize motherhood, and our children are criminals, insane, institutionalized, or worse; we will start to see the rror of our ways. But by then there will be no women to be mothers , the pillar of any family.
Hi, this is a Nice blog. I love this page, I already have liked it on Facebook.
What a great blog
Bruce, your comment came utorhgh fine. This is a common problem. Drafting an Appellant's opening brief for traffic court is a little complicated. The rules are detailed, but the truth is it is a standard legal format that you are not used to. One of the benefits of hiring an attorney is that an attorney has these forms already to use as templates on a computer, so that we do not have to go utorhgh all of the frustration. If you want to send me your deadline to: , I will try to get you a form. I will try to create an appellate brief template that I will sell for about $15. I don't have one to send you now, but will try to prepare one for public use prior to your deadline. But I can tell you this if I never get back to you, just try to get it as close as you can. Use 12 pt courier font, double space. Make sure the case number is on the front cover with the case title: [Your Name], Appellant vs. People of the State of CA, Respondent. If you get close, they will accept it, probably. As for the case law, learning that is what I paid more than $100,000 to go to law school for. There is no EZ solution to writing a brief with legal points and authority if you do not have the training. All I can say is go to the law library to get authority to prove that you are right. Look for CA Supreme Court cases. Go to the local law library (its free). Get a copy of the CA Vehicle Code (annotated) and check the index. Once you find the statute that applies to the problem, there will be notes on the cases that deal with that statute. Ask the law librarian for help.
i’d love to share this posting with the readers on my site. thanks for sharing!