help with court action
I have been battling a foreclosure complaint against my husband and his father. It is a complicated matter of the two were in business together and the father breached contract after selling out of the business, putting two properties in jeopardy of foreclosure.
We have one case in court currently. We first got an extension to respond so I had time to do some research.
The banks filed the papers in the wrong court. I filed a motion to dismiss due to lack of jurisdiction, lack of venue, failure to name real party of issue, lack of personal jurisdiction, and failure to state a claim.
Failure to state a claim: The bank that filed suit is not the bank that held the mortgage. The assignment of mortgage that named the new bank was not filed until 4 days after the complaint.
The judge set a hearing date for the motion to dismiss case against my husband only. The complaint was against my husband and father-in-law.
The bank then filed a motion of default and summary judgment claiming that we did not get an extension or respond within the allotted time. This is obviously false as a hearing has been set to dismiss the case. They are asking for judgment to foreclose and sell the property.
My question is this: Do I need to respond to the motion of default and summary judgment?
Some background info: I researched and filed land patents on the properties last year when the father-in-law signed out of the business. I sent certified notice of the patents to the banks and father-in-law at that time with no response. I have since sent letters to the banks with response times to settle with them within a certain period of time or we owe them nothing. The time has elapsed with no response and I have proof of their receiving the documents.
Any suggestions on how to proceed would be greatly appreciated. Thank you.
EG
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