Pittsburgh Pennsylvania Motion to Dismiss Foreclosure Action and Notice of Motion

State:
Multi-State
City:
Pittsburgh
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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FAQ

It's THE Sports City ? Aptly named the City of Champions, Pittsburgh is home to three widely-known professional sports teams ? the Steelers, Penguins and Pirates ? each with its own dynamic history of world championships, incredible moments and hall of fame players.

First settled in the mid-18th century, Pittsburgh has a wealth of historical sights, from historic forts to exquisitely decorated churches. Its prominent industrial history has left it with elegant beaux-arts buildings, soaring skyscrapers, and 446 bridges, as well as the nickname "Steel City".

Easily navigable waterways with an abundance of natural resources, (coal, timber, natural gas, iron and limestone) helped Pittsburgh become the industrial center for a growing nation. Most people recognize one thing about Pittsburgh's history, that it was known as an industrial hub for coal mining and steel production.

Pittsburgh is a hub for technology, manufacturing, life sciences & health and education.

Pittsburgh is a convenient, affordable place to live and work?with a cost of living 7% lower than the national average, a reasonable median home price of $259,900, and median monthly rent of $1,427. The city also has a range of top-notch companies in the education, technology, healthcare, and steel industries.

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Pittsburgh is known for its Steel City Legacy, which pays homage to its rich history as a major steel-producing city. The steel industry played a significant role in shaping the city's identity and continues to be celebrated through various cultural and historical landmarks. What is Pittsburgh, PA Known For? 10 Things to Love About This City redfin.com ? blog ? what-is-pittsburgh-pa-k... redfin.com ? blog ? what-is-pittsburgh-pa-k...

The Commonwealth of Pennsylvania The Commonwealth of Pennsylvania is the sixth largest populated state in the United States. Pittsburgh is the second largest city in Pennsylvania and has an estimated of 310,000 people. About the City of Pittsburgh | pittsburghpa.gov pittsburghpa.gov ? pittsburgh ? pgh-about pittsburghpa.gov ? pittsburgh ? pgh-about

Race and Ethnicity In 2021, there were 2.81 times more White (Non-Hispanic) residents (193k people) in Pittsburgh, PA than any other race or ethnicity. There were 68.8k Black or African American (Non-Hispanic) and 16.8k Asian (Non-Hispanic) residents, the second and third most common ethnic groups.

Pittsburgh is known as "the Steel City" for its dominant role in the history of the U.S. steel industry. For part of the 20th century, Pittsburgh was behind only New York City and Chicago in corporate headquarters employment; it had the most U.S. stockholders per capita.

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Pittsburgh Pennsylvania Motion to Dismiss Foreclosure Action and Notice of Motion