Tennessee Judgment Motion Guidance

Summary

In Tennessee, a motion for summary judgment can be filed if there is no genuine issue of material fact. Defendants have the right to formal discovery before a judgment. If denied, it could be grounds to challenge the judgment. A motion to vacate for fraud must be filed within one year, with clear evidence. Failure to file a Deed of Reconveyance can support fraud claims. Amending an answer to include new evidence, such as mail fraud or attorney misconduct, can strengthen a defense. Consider drafting motions to vacate the judgment and amend the answer, attaching relevant evidence.

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The writ of possession was granted on a dispute over a contract that was found in favor of the lender. But it was never allowed for the Defendant formal discovery before the judgment. As it would be sufficient to validate the answer that was made to the complaint the defense is confident in the defenses merits
It sounds like the defendant was not allowed formal discovery before the writ of possession was granted. This could be a significant procedural issue.
- In Tennessee, defendants have the right to formal discovery before a judgment.
- If discovery was denied, it could be grounds to challenge the judgment.
Is there a specific outcome you're seeking, such as a motion to reconsider or appeal?
A motion to vacate the judgment for fraud
To file a motion to vacate a judgment for fraud in Tennessee, here are some key points:
- The motion must be filed within one year of the judgment.
- You must provide clear evidence of the fraud that affected the judgment.
- The court requires a detailed affidavit supporting your claims.
Would you like information on how to draft this motion?
Yes please. Can I file a motion to set aside the judgment at Amend the answer to conform to the evidence
Sure! Here’s how you can handle your situation:
*. Motion to Set Aside Judgment:
- Grounds: Fraud, mistake, or other valid reasons.
- Time Limit: Must be filed within one year from the judgment.
- Evidence: Clear and convincing evidence supporting the claim.
*. Amend the Answer:
- Purpose: To conform to newly discovered evidence.
- Procedure: File a motion to amend the answer along with your motion to set aside the judgment.
Would you like more detailed information on drafting these motions?
If a lender failed to file a Deed of Reconveyance. And you have proof that it didn't show up on a title search. Is that good enough evidence to survive
In Tennessee, failure to file a Deed of Reconveyance can be significant. Here are some points to consider:
- Evidence: Proof that the Deed of Reconveyance didn't appear on a title search can be strong evidence.
- Legal Grounds: This may support a claim for fraud or mistake.
Do you need assistance with drafting the motion or further legal strategy?
Yes please
To draft a motion to vacate a judgment for fraud and amend the answer to conform to the evidence, consider these steps:
*. Motion to Vacate Judgment:
- Title: "Motion to Vacate Judgment for Fraud"
- Introduction: Briefly state the case, judgment date, and grounds for the motion.
- Facts: Detail the discovery of fraud (e.g., failure to file Deed of Reconveyance).
- Evidence: Attach evidence (title search results, affidavits).
- Conclusion: State what you seek (vacate judgment).
*. Motion to Amend Answer:
- Title: "Motion to Amend Answer"
- Introduction: State the need to amend due to new evidence.
- Proposed Changes: Clearly outline the amendments.
- Conclusion: Request permission to file the amended answer.
Would you like specific templates for these motions?
Tennessee and I had checked on line and there was no sign of the release of lien until the sale then it was discovered and the bank has placed it in Oreo the lien was released paid in full without notifying the borrower and without filing the reconveyance. The letter of the notice of sale Stated that the sale was to be of property that was on record before the release was made
It seems like a significant issue with the release of lien and failure to notify the borrower. This can be grounds for challenging the sale and potentially the judgment.
Would you like information on how to draft a motion to challenge the sale based on these facts?
Is it possible that the fraud claims that were made in the answer can carry the judgment in favor of the Defendant or should it be amended
It is possible that the fraud claims, if substantiated, can carry judgment in favor of the Defendant. However, amending the answer to conform to the evidence can strengthen the Defendant's position.
Would you like detailed guidance on how to amend the answer properly?
Yes please because I want to include the letter as Mail fraud and the behavior of the opposing attorney is not becoming a agency
To amend the answer and include claims of mail fraud and attorney misconduct, follow these steps:
*. Motion to Amend Answer:
- Title: "Motion to Amend Answer"
- Introduction: State the need to amend due to new evidence and misconduct.
- Proposed Changes: Detail the amendments, including the mail fraud and attorney misconduct.
- Evidence: Attach the letter and any other supporting documents.
- Conclusion: Request permission to file the amended answer.
Would you like a template for this motion?