District of Columbia Motion to Dismiss Foreclosure Action and Notice of Motion

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The Federal Rules of Civil Procedure (which most states have adopted in one form or another), state in effect that it is not necessary to file an answer to a complaint until a motion to dismiss has been ruled upon by the court. One way to begin arguing against the plaintiffs foreclosure action without filing an answer addressing the entire complaint is to file a motion to dismiss based on the plaintiffs inability to bring the lawsuit in the first place. Defendants can state that the plaintiff has not shown it even owns the mortgage and therefore has no claim to any of the defendant borrower's property. If the plaintiff does not have a right to collect the mortgage payments and foreclose, it is not the party in interest and may not legally bring a foreclosure lawsuit against the owner.


If the mortgage or note with assignment proof is not attached to the complaint, the plaintiff may have trouble showing it is legally allowed to foreclose on the subject property. Simply filing a copy of the original mortgage or deed of trust may not suffice. Some courts have held that the plaintiff must produce evidence that it is the current owner and assignee of the original note and mortgage.


No matter what defenses are set forth in the motion to dismiss, defendants need to be aware that this tactic only puts the foreclosure on hold until the motion can be ruled upon. It does not stop foreclosure entirely, and the defendant will need to file an answer if the motion is denied.

The District of Columbia Motion to Dismiss Foreclosure Action and Notice of Motion are legal documents filed in the District of Columbia (D.C.) court system, specifically in foreclosure cases. These documents serve an important purpose in the foreclosure process, helping homeowners or defendants assert their rights and potentially halt or dismiss a foreclosure action. When facing foreclosure in D.C., homeowners or defendants can file a Motion to Dismiss Foreclosure Action to challenge the validity, legality, or procedural errors related to the foreclosure proceedings. This motion seeks to persuade the court to dismiss or stop the foreclosure lawsuit altogether. By filing a Notice of Motion, the party notifies all interested parties, including the lender, that they have submitted a Motion to Dismiss Foreclosure Action. There are several types of District of Columbia Motion to Dismiss Foreclosure Action and Notice of Motion, each with specific purposes and requirements. Here are some common types: 1. Procedural Errors: Homeowners or defendants may file a motion based on procedural errors that occurred during the foreclosure process. This can include violations of foreclosure notice requirements, improper service of legal documents, or failure to follow the appropriate foreclosure procedures set forth by D.C. law. 2. Lack of Standing: If the party initiating the foreclosure action does not have the legal right, or standing, to bring the lawsuit, the homeowner or defendant can file a motion based on lack of standing. This may occur when the lender cannot produce the original promissory note or cannot demonstrate a proper chain of assignment of the mortgage. 3. Violation of Federal or State Laws: Homeowners can file a motion if there is evidence that the lender or loan service violated federal laws, such as the Truth in Lending Act (TILL) or the Real Estate Settlement Procedures Act (RESP). Violations of state laws, such as the D.C. Consumer Protection Procedures Act (DCC PPA), can also be grounds for a motion. 4. Unfair or Deceptive Practices: If the homeowner alleges unfair or deceptive practices by the lender or loan service during the loan origination or modification process, they can file a motion based on these claims. This could include predatory lending, fraudulent inducement, or misrepresentation. 5. Improper Documentation or Reconsigning: Homeowners or defendants can file a motion if there is evidence of fraudulent or improper documentation related to the foreclosure action. This includes instances of reconsigning, where documents are signed without proper review or verification. It is important to note that the specific requirements and procedures for filing a District of Columbia Motion to Dismiss Foreclosure Action and Notice of Motion may vary. Consulting with an experienced foreclosure attorney would be advisable to ensure compliance with all relevant laws and regulations and increase the chances of achieving a successful outcome in the foreclosure case.

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FAQ

Judicial foreclosure refers to foreclosure proceedings that take place through the court system. This type of foreclosure process often occurs when a mortgage note lacks a power of sale clause, which would legally authorize the mortgage lender to sell the property if a default occurred.

How Nonjudicial Foreclosures Work in Washington, D.C. The lender mails a notice of default to the borrower, which includes the amount required to reinstate the loan. The lender must also record the notice of default in the land records, which is the first official step in the nonjudicial process.

Judicial foreclosure is the process where the lender files a complaint against the borrower in the DC Superior Court to obtain a judgment of foreclosure. As a result, the borrower will receive the Initial Order, a Summons, and a Complaint.

Notice of Default ? Foreclosure starts when your lender records a Notice of Default against your property with the Registrar Recorder's office. The Notice of Default tells you the total amount you owe including missed payments and foreclosure fees.

Ways to Stop Foreclosure in Washington, DC Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

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The person who files the case is called the "plaintiff." The person who gets sued is called the "defendant." Where should I file my lawsuit? File your complaint ... The filing fee for motions is $10.00, except a motion to reinstate after dismissal under Rule 41-I, which is $25.00, unless the fee is waived by the judge.Tutorial for Registering for E-filing for the U.S. District Court for the District of Columbia via PACER ... NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A ... Mar 29, 2017 — On November 29, 2016, the defendant filed a motion requesting a stay of a foreclosure sale of the Property and a motion to sequester the ... (2) Accompanied by a copy of the summons and a copy of the complaint. (c) The plaintiff shall file in the action: (1) The return receipt from the notice; or. The release shall be filed within 30 days of the date the underlying action or proceeding was dismissed or terminated or of the applicable time period set forth ... Dec 15, 2015 — by Appellee in providing timely and adequate notice of the two foreclosure proceedings, the primary issue is whether Appellants were legally in ... Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. If a ... May 20, 2021 — Asking the court to dismiss the case;; Forcing the other side to give you ... The Notice of Cross-Motion tells the court and the movant that the ... Two types of procedure to obtain relief from judgments are specified in the rules as it is proposed to amend them. One procedure is by motion in the court and ...

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District of Columbia Motion to Dismiss Foreclosure Action and Notice of Motion