US Bank vs. Phillips: Bank ignores court orders in a foreclosure case—CASE DISMISSED!

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US Bank vs. Phillips: Bank ignores court orders in a foreclosure case—CASE DISMISSED!

MR. WEIDNER: And just one other
11 point. The court reporter was here. That’s
12 another important point, that they managed to
13 have a court reporter here. They didn’t manage
14 to have an attorney here.
15 My client is here. We’re entitled to
16 dismissal because they have repeatedly failed to
17 comply with your order.
18 They haven’t cited an appropriate
19 basis for rehearing, period. So you shouldn’t
20 rehear it. The case should stand dismissed.


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One thought on “US Bank vs. Phillips: Bank ignores court orders in a foreclosure case—CASE DISMISSED!

  1. A dismissal without prejudice is a temporary delay, at best. The bank can always come back with a new suit. It is dismissal WITH prejudice that stops them cold. To do that, see if you can pile up several successive failures. Failure to respond to an admission request in which you declare ALL of their faults is wonderful because after 30 days of unresponsiveness, the admissions become “ADMITTED” and your case is already won before a trial ever begins. Failure to produce and failure to answer interrogatories and the big one, failure to obey a court order, especially an order to compel of some kind. Just imagine that instead of jumping on each failure one at a time, you quietly bide your time and let each item go unanswered. Then go into court on a motion to involuntarily dismiss based on flagrant and egregious disregard for compliance with any of the discovery mechanisms. At that point, the judge will hit them with the gavel instead of his desk and you should easily get your coveted dismissal with prejudice. Then move for costs and cancellation of the lis pendens for good measure, followed by your own new suit for quiet title. If you can afford to wait, wait until the Statute of Limitations has expired. There are other nails to be driven into the quiet title coffin as well, so if you want to know what they are, an email to will get you that info as well.

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