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Topic: What is the best way to respond to a Motion to Dismiss with Prejudice?

Created on: 03/04/15 06:27 PM

Replies: 1

FRED4


Joined: 10/28/14

Posts: 6

What is the best way to respond to a Motion to Dismiss with Prejudice?
03/04/15 6:27 PM

I served a Summons & Complaint (Arizona Superior Court) on the Defendant (The Bank) alleging fraudulent assignment(s) of the Note & Deed of Trust. The original lender was in Bankruptcy and all of the assets (my Note & Deed of Trust) was put into a liquidating Trust (They Were named in the Complaint and served as well.)Ironically the liquidating Trustee sent the court a narrative/order that if I do not seek monetary compensation they will not object to "Quiet Title", my cause of action. A second bank originally named as Black Corporation 1 and then amended to their actual name when served, instead of filing an Answer, filed the Motion to Dismiss with prejudice for failure to state a claim. It was docketed on Monday, February 27th ( I received a copy the same day via 1st class mail). I was preparing to resond to an "Answer", but instead was blindsided by this Motion!
What is the best way to respond to it before the judge rules in favor of it?????

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HALINA1


Joined: 11/08/13

Posts: 60

RE: What is the best way to respond to a Motion to Dismiss with Prejudice?
03/05/15 7:39 PM

This is a contract issue... treat it as such.
Answer and consider amending your complaint in DETAIL since the situation changed significantly.
OR in the alternative re-read the causes of actions and how a cross claim applies to your case; and be mindful of time limitations in your jurisdiction.

ME@htb

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