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Lawyer switches from summary judgment to Non-Jury trial

Hi Friends,

My case has been going on for two and a half years. The bank had to change lawyers because the first lawyer was too crooked...even by their standards. The present lawyer filed for Summary Judgment a few weeks ago but suddenly she is asking for a Non-Jury trial. Does anyone know the strategy here? If you have experienced this before or know something about it please give me a heads up. Thanks

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Permalink Reply by Pro se on July 23, 2012 at 5:08pm

It is much harder to get a summary judgment for the Bank, so they rather have a trial. It is easier for them.

Don't know where you live and how much experience you have in the court room, but a trial is not an easy thing because it is full of procedures.

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Permalink Reply by mustang on July 23, 2012 at 7:15pm

Hi Arpad/everyone,

You are right about the summary judgment part. They already figured out that it won't be easy to get a quick judgment because there are too many issues involved,so why waste time and have the motion for summary judgment dismissed and then still have to go to trial. I live in Florida and I am up against two very crooked lawyers...both under investigation for fraud by the Attormey General's office. This case has many interesting issues that will be raised and which will impact tens thousands of other cases in Florida. Thanks for your very useful input and please stay in touch.

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Permalink Reply by TNL on July 23, 2012 at 11:34pm

They are trying to skip the Summary Judgement - straight to a five to fifteen minute "trial" ... with the same overall affect for the Plaintiff.

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Permalink Reply by mustang on July 24, 2012 at 3:50am

Hi TNL,

Thanks for your input. The lawyer asked for a ten minute trial, so you are right on the mark. I also tend to agree with Arpad. The foreclosure process used to be easy before lawyers and Pro Se defendants started challenging MERS, politicians, judges, Wall St. and other big institutions. That was before there were sites like Foreclosure Hamlet. Now there are too many smart, well informed people out there. I believe the new strategy is to try to tie us down in court with fancy legal procedures since they can't win with facts. I am up against some really croocked lawyers and they keep changing strategy. Keep in touch. The case will be interesting....I will make it interesting.