When you file a suit into a state level court, including, but not limited to a wrongful foreclosure suit, if there is anything that can be construed as a federal claim, the bank jumps on it and yanks the case into federal court. They "Remove" it to federal court. Federal court is supposed to determine, whether or not, they in fact, have original jurisdiction over the complaint, due to the federal claims.
Now, we all know that is not the reason for creation of federal courts, but that is a story for another day. Once the federal court, here in GA, gets the case, it is like trying to pry it from someone's cold dead hands that won't let go. One rule is that they have to Remove the case within 30 days.
There is what is called a Motion to Remand, where the Plaintiff would file, within thirty (30) days to argue why it should be sent back, or Remanded. It is extremely difficult, and if there is anything in the complaint federal i.e.: FDCPA, TILA, or any other number of claims, forget it.
The bank will usually Motion to Dismiss under Rule 12(b)(6), and claim that the complaint is a "shot gun pleading", or an internet complaint, or any number of other derogatory allegations condemning the complaint. Nine times out of ten district court will dismiss the case. I see attorneys get these
foreclosure cases dismissed all the time. When I say attorneys, I am talking
about the ones representing the homeowners in wrongful foreclosure cases. They are not the ones trying to get it dismissed, they are fighting dismissal. It is very difficult to keep one of these cases in federal court. They are usually dismissed under Rule 12(b)(6) for failure to state a claim for which relief can be granted. Some people have been kept in court for four years, they could not dismiss the complaint, but the complaint has not yet won either. It is stalled. For how long, I don't know. Like a game, in which both sides are at a point on the playing board, where neither party has any moves left, and the Judge won't rule, because she has been promised that it will be Appealed.
State level cases are hard enough for a pro se litigant... the opposing party knows that between the Rules and the timelines, the pro se litigant, if not used to federal court, will cause their own case to get dismissed.
That is what I hate about these damned groups. They should tell people the truth, the whole truth and nothing but the truth. They put out the message to quit paying for your house, you can get your house for free. Then they tell people that they need to file a lawsuit, and hey ...here is one here that you can base your complaint on. The complaint is filled with federal causes of action, which those people, if they know anything at all, know damned good and well, will get the case pulled into federal court and get dismissed, for any number of reasons.
Everyone wants to make it sounds so easy. What everyone needs to start asking these people is for the proof that they know how to pull the whole thing off. Cause once your case is dismissed with prejudice, you can never, ever, bring that case with those same banks into court again. I personally think that the banksters put the websites up to get people into court, case gets dismissed, and that is one more homeowner, that can never take them to court again.
If you are part of one of these groups, be careful about using a form type of complaint, because they may just wind up ending you in federal court. They prepare no one for federal court. Then leave you hanging out to dry.
Remember, you can never ignore the case. It is what it is, you may want to file Motion to Amend the Complaint if it gets Removed to federal court, to make sure that it is pled the best possible pleadings. No one needs to have their case dismissed, and at the same time blocked from ever being able to fight the case. We've seen it over and over again...
Now, we all know that is not the reason for creation of federal courts, but that is a story for another day. Once the federal court, here in GA, gets the case, it is like trying to pry it from someone's cold dead hands that won't let go. One rule is that they have to Remove the case within 30 days.
There is what is called a Motion to Remand, where the Plaintiff would file, within thirty (30) days to argue why it should be sent back, or Remanded. It is extremely difficult, and if there is anything in the complaint federal i.e.: FDCPA, TILA, or any other number of claims, forget it.
The bank will usually Motion to Dismiss under Rule 12(b)(6), and claim that the complaint is a "shot gun pleading", or an internet complaint, or any number of other derogatory allegations condemning the complaint. Nine times out of ten district court will dismiss the case. I see attorneys get these
foreclosure cases dismissed all the time. When I say attorneys, I am talking
about the ones representing the homeowners in wrongful foreclosure cases. They are not the ones trying to get it dismissed, they are fighting dismissal. It is very difficult to keep one of these cases in federal court. They are usually dismissed under Rule 12(b)(6) for failure to state a claim for which relief can be granted. Some people have been kept in court for four years, they could not dismiss the complaint, but the complaint has not yet won either. It is stalled. For how long, I don't know. Like a game, in which both sides are at a point on the playing board, where neither party has any moves left, and the Judge won't rule, because she has been promised that it will be Appealed.
State level cases are hard enough for a pro se litigant... the opposing party knows that between the Rules and the timelines, the pro se litigant, if not used to federal court, will cause their own case to get dismissed.
That is what I hate about these damned groups. They should tell people the truth, the whole truth and nothing but the truth. They put out the message to quit paying for your house, you can get your house for free. Then they tell people that they need to file a lawsuit, and hey ...here is one here that you can base your complaint on. The complaint is filled with federal causes of action, which those people, if they know anything at all, know damned good and well, will get the case pulled into federal court and get dismissed, for any number of reasons.
Everyone wants to make it sounds so easy. What everyone needs to start asking these people is for the proof that they know how to pull the whole thing off. Cause once your case is dismissed with prejudice, you can never, ever, bring that case with those same banks into court again. I personally think that the banksters put the websites up to get people into court, case gets dismissed, and that is one more homeowner, that can never take them to court again.
If you are part of one of these groups, be careful about using a form type of complaint, because they may just wind up ending you in federal court. They prepare no one for federal court. Then leave you hanging out to dry.
Remember, you can never ignore the case. It is what it is, you may want to file Motion to Amend the Complaint if it gets Removed to federal court, to make sure that it is pled the best possible pleadings. No one needs to have their case dismissed, and at the same time blocked from ever being able to fight the case. We've seen it over and over again...
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