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Re: [tips_and_tricks] looking for imput

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  • Doug
    I have put my mortgage company at default about a year ago My question is ! can I file the default? and where do I file it? and if not file what do I do
    Message 1 of 4 , Aug 26, 2005
      I have put my mortgage company at "default" about a year ago  My question is ! can I file the default? and where do I file it? and if not file what do I do with it? "SUE" ?  

      JD wrote:
      To get a default or declaratory judgment, there must not be a dispute in the material facts.  The respondent must not have answered your complaint, or if so, was not sufficient to obtained the preponderance of the evidence
       
      ----- Original Message -----

      over the last couple years I have been involved in litigation with a
      mortgage company. i was the plaintiff, pro per, and no matter what i
      did, said , or presented the judge continually denied me of my default
      judgments for misc reasons: 1 not filing the right form (found out
      that was a lie) 2. the defendant filed an answer to an exparte motion
      for injunctive relief(late i might add) but in their answer it said
      the words  general resonsive pleadings, so the judge determined that
      was an answer to my complaint ( totally against the Michigan Court
      Rules-must be separately captioned). so needless to I guess i have to
      file in federal court or should i try to vacate the void judgment?
      appreciate any answers   









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