- Nov 25, 2013View Source
Case is a foreclosure, to be more specific an ejectment action against homeowner in Alabama. Alabama is a non judicial state for foreclosure thus the ejectment. Citi, who filed the ejectment, did not file an affidavit at all, let alone one from someone with firsthand knowledge. So one leg of the table of jurisdiction – standing to invoke the court – is missing. Note was securitized and put into a REMIC trust before Citi got hold of it (homeowner has proof and filed it into evidence). Homeowner knows all this, filed paperwork - motion to dismiss for lack of standing which judge denied and homeowner did manage to get Citi's motion for summary judgment dropped. Citi even made an offer to homeowner but it was too little, counter offer to Citi not accepted by Citi either. Citi attorney called homeowner and told him Citi will call witnesses but has not said who or what they will be testifying about. Now, before trial, homeowner is panicking. Homeowner is proceeding suri juris. Does anyone have any advice, tips or tricks for homeowner at trial?