When it comes to your court case, it is imperative that you, the client, and your lawyer are on top of things. While you hired your attorney to help you, and guide you, it is just as important that you inform yourself of the proceedings of your case.
An Indiana woman learned this lesson the hard way.
Lisa El, the defendant, was faced with foreclosure. The court notified El and Nationstar Mortgage, of the documents that would be needed at the court-ordered settlement conference. El would need to provide, her present and projected future income, expenses, assets and liabilities, pay stubs, banks statements, utility bills and tax returns. Both El and Nationstar were ordered to appear in person in September of 2017. However, El failed to appear, as well as failed to submit any documents to Nationstar required in the notice and order for settlement.
Nationstar continued with the foreclosure and default judgment was granted to Nationstar against El. In February 2018, El filed an appearance and second motion for a settlement conference. She acknowledged the first settlement conference and asked the trial court to reschedule. She said, she applied for housing assistance, and “was not aware of that additional documents were required by Nationstar, and “was misinformed as to the settlement conference proceedings.” The trial court denied her request; Lisa M. El v. Nationstar Mortgage LLC, 18A-MF-338, stating the case had been resolved.
Judge James Kirsch wrote for the court, “Section 10 grants the trial court discretion to ‘reconvene’ the settlement conference, for cause, ‘at any time before judgment is entered’.” The appellate court concluded the case was closed by the time El filed for a second conference.
Word to the Wise: Missing a court date and failing to submit documents that were Ordered by the Court will almost always, go badly for the offending party. If a party fails to participate in the proceedings they can’t complain when the Court rules against them.
Share This With Your Fellow Business Partners!
TALKING ABOUT YOUR ESTATE, REAL ESTATE OR BUSINESS IS NO SIMPLE MATTER.
We Know How To Look At Your Case, Let's Talk Today!
WEBSITE USE AND DISCLAIMER. By using this site, the User understands and agrees that Attorney Jeffrey J. Jinks is licensed only in the State of Indiana and information on the site may not be valid in other jurisdictions. All information is for information purposes only and is not legal advice to the user.
No attorney client privilege or relationship is created by the use of the site or the transmission and receipt of information without an express agreement between the user and Attorney Jeffrey J. Jinks. The information on the site should not be relied on, and the user should take no action, nor refrain from taking action, without first seeking legal or other professional advice for their specific situation. Do not send confidential information through this site, nor through email.
Any links to other sites are intended as possible aids to the user and are not intended or implied that the firm sponsors, is affiliated or associated with, endorses or is legally authorized to use any any trade name, mark, logo, seal or copyrighted symbol that may be reflected in the links. Those sites are not under the control of Attorney Jeffrey J. Jinks and he is not responsible for the content on or through those sites.
The information on this site may not reflect the most current legal developments, verdicts, case law, code revisions, regulatory updates, private letter rulings or other changes in the law and is not guaranteed to be correct, complete or up to date. The information on this site should not be taken as a promise, guarantee or indication of future results or benefits.
IRS CIRCULAR 230 NOTICE. We are required by Treasury Regulations (Circular 230) to inform you that, to the extent that this communication concerns federal tax issues, this communication (including links, attachments and enclosures) was not written or intended to be used, and cannot be used, for (1) avoiding federal tax penalties, or (2) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
MATTERS IN THE STATE OF FLORIDA TO BE PROVIDED BY THE FIRM’S EMPLOYEES, INDEPENDENT CONTRACTORS AND CO-COUNSEL DULY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA.