Today I went to court as defendant in foreclosure action for a hearing. For over 2 years, the plaintiff did not respond to admissions I sent. They filed a motion to avoid technical admissions. I wrote my oral arguments. I also filed an objection to a affidavit of a asst vice pres for the alleged mortgage servicer where he claims that he saw the original note, etc. I filed an objection to his affidavit since he could not possible know whether he has the original note or not. So today I show up...the plaintiff was suppose to call in to the hearing. They did not call. The judge said, he is denying their motion but he said they can come back again and refile their motion. But I just read that when the Plaintiff does not appear, the judge will dismiss their motion with prejudice. Since the judge did not do this, can I now send a letter or make a filing that he dismiss their motion with prejudice since they did not appear. I wrote to the judges assistant today by email requesting a hearing on my objection to the affidavit that they possess the original note.
Thanks, Richard

Dear Richard ... As my course teaches one should file a motion to have admissions deemed admitted when the opponent's response is not within the deadline set by the rules. The time for that is probably 30 days in your jurisdiction. It is in most. That would have taken care of that problem. Filing affidavits doesn't comport with my teachings. Use your discovery methods to get evidence in. Motions and discovery and pushing your motions and discovery at hearings is what wins lawsuits ... as my course makes clear. DO A GOOD DEED FOR OTHERS WHO CANNOT AFFORD A LAWYER AND TELL THEM TO GET MY COURSE.