Bakersfield California Motion to Dismiss Foreclosure Action and Notice of Motion

State:
Multi-State
City:
Bakersfield
Control #:
US-02684BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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Industries in and around Bakersfield include natural gas and other energy extraction, mining, petroleum refining, distribution, food processing, and corporate regional offices. The city is the birthplace of the country music genre known as the Bakersfield sound.

Dubbed ?Nashville West,? Bakersfield is renowned for its contributions to country music and is the home of many recording artists, including Merle Haggard and Buck Owens. Educational institutions include Bakersfield (community) College (founded 1913) and California State University, Bakersfield (1965).

Living in Bakersfield offers residents a dense suburban feel and most residents own their homes. In Bakersfield there are a lot of parks. Many families and young professionals live in Bakersfield and residents tend to have moderate political views. The public schools in Bakersfield are above average.

In 2021, there were 1.13 times more White (Non-Hispanic) residents (122k people) in Bakersfield, CA than any other race or ethnicity. There were 108k White (Hispanic) and 55.6k Other (Hispanic) residents, the second and third most common ethnic groups. 52% of the people in Bakersfield, CA are hispanic (207k people).

Bakersfield, California's cost of living is 10% higher than the national average.

Bakersfield was first established in 1859. It was originally known as Kern County. The original name of the town was Wheat Fields, and it was later changed to Bakersfield in 1863 named after Thomas Baker who settled on the banks of the Kern river due to the California gold rush.

Industries in and around Bakersfield include natural gas and other energy extraction, mining, petroleum refining, distribution, food processing, and corporate regional offices. The city is the birthplace of the country music genre known as the Bakersfield sound.

With a population of around 405,000, Bakersfield saw a violent crime rate of 498 per 100,000 in 2022, which is 27% higher than the national average, ing to the study. In 2022, there were over 15,500 incidents of property crime in Bakersfield, PropertClub says.

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Bakersfield California Motion to Dismiss Foreclosure Action and Notice of Motion