Opposition to Motion for Summary Judgment (MSJ)

What is a Motion for Summary Judgment (MSJ)?

It is a request to the Court to decide on the case without a trial. For example, if the lender files a MSJ requesting the Court to decide on the entire case (in their favor of course) and the Court grants the MSJ then you will not get a trial. The case is over right then and there. If a MSJ is filed you must file an Opposition to Motion for Summary Judgment.

When is a MSJ granted?

If there are “no genuine issues of material fact and the movant is entitled to judgment as a matter of law” then a MSJ is proper.

What are genuine issues of material fact?

In short, they are disputes or contradictions to the facts that were given in the MSJ. For example, if the lender says you are in default but you have proof that you are not because you made payments and provide records of those payments then there is a genuine issue of material fact and the Court should deny the MSJ.

 

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