Legal Question in Civil Litigation in Texas
what is a summary for judgement
We purchased what we thought was our home , and turned out it was illegally sold to us . The finance company wants to file a summarry for judgement . What is this as our lawyer refused an answer to us and is relieving herself from us . The company we purchased our manufactered home from has abandoned the company and disappeared . We discovered this about our home 6 months after we purchased it . We signed a contract with her for a certain amount of money and now she is asking for more than we can handle , therefore relieving herself unless we pay her the amount she is reqeusting in addtion to what we discussed . We can't afford another lawyer and do not want to lose the home we have . The finance company refused any and all payments from us . They want to file this on december 12th and we would like to know what this is and can we legally be present for this and what do we say on our behalf . Thank for any help you can provide .
2 Answers from Attorneys
Re: what is a summary for judgement
A motion for summary judgment means that the moving party has mustered all their evidence and that there are no questions of fact to be determined. Since there are no facts in issue, the judgment then becomes strictly a question of law which the court can decide.
If the home was illegally sold, you do not have good title to it. Someone else owns it, as a matter of law. You may have a shot at the seller who cheated you, but not against the true owner.
From what you've said, the house really isn't yours. I would suggest asking the owner what you have to do for them to sell it to you.
Re: what is a summary for judgement
You have a right to file an answer to the Motion for Summary Judgment. The Judge will consider the Motion and your answer, and the burden of proof is on the Movant (the person filing the Motion) to prove their case. Try to talk to your attorney, if you can't, you need another attorney. Call your local Bar association for a referral service if you need to. Good luck.
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