Legal Question in Civil Litigation in California
For my civil litigation matter (not limited to robo signing, violation of securtization laws) vs. 2 financial institutions (failed to respond within 40 days of effective process service) not limited to findings that 1) A comparison of the Chain of Note transfers and the recorded activity of the Deed shows that the Securtization Process was not followed. 2) Under New York Trust law, the loan was never properly transferred to the Trust, so it is not in the Trust.
I am near completion of the CIV100 (Request for Entry of Default). I need some some clarification and help on which boxes to check on page 2, No. 5. Declaration under Code of Civil Procedure Section 585.5
5a.____ is____is not on a contract or installment sale for goods or services subject to Civ. Code
1801 et seq. (Unruh Act).
5c.____is ____is not on an obligation for goods, services, loans, or extensions of credit subject
to Code Civ Proc 395 (b)
Thanks in advance for your kind help, also appreciate referrals for a quality, affordable attorneys in the Contra Costa and and Alameda counties.
3 Answers from Attorneys
Without actually reviewing the complaint, it is not possible to answer your question with certainty. It appears, however, that 5a would be "is not" and 5c would be "is," if this is regarding a real estate home loan for your personal home.
Did you even have the summons and complaint actually served? I find it incredibly hard to believe that an institutional lender is not answering your lawsuit, especially with such frivolous claims.
I do not know the facts of your case, but i do not think the claims are necessarily frivolous, although i agree it is hard to believe that no answer or demurrer has been filed.
Mr. McCormick is a very knowledgeable attorney in Co Co County.
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