OTHER MOTIONS
OTHER MOTIONS
In general, filing a motion is a somewhat complex process that will require a more advanced understanding of the law, court rules, and procedure. For that reason, we will not be covering how to file your own motion in this classroom. If you feel that you need to file a motion in your case, you should seek the assistance and advice of a licensed attorney.
However, even if you do not file your own motions, the lender's attorney might file some motions during the foreclosure litigation, which you will need to be prepared to respond to.
In general, you can expect that the motion hearing will be decided based on affidavits and supporting documents that were filed with the motion and your response.
An affidavit is written witness statement, which must be signed by the witnessed and notarized. Statements written in an affidavit are considered to be under oath that what the individual is saying is the truth.
The court may consider legal arguments at the hearing, but will generally not permit you to testify or call witnesses.
Some of the more common motions you might see in a Foreclosure action include: