Affidavit to Set Aside Summary Judgment
IN THE CIRCUIT COURT OF THE
FEDERAL NATIONAL MORTGAGE
1. My name is Alan D. Sackrin and I am the attorney representing, Defendant, D.C.
2. On September 18, 2012, I attended court on Plaintiff’s Motion for Summary Judgment. I intended on asking for a continuance as my firm had been recently retained.
3. Rather than proceed with the hearing, Plaintiff’s counsel, Russell Hall, Esq., offered my client the following proposal: Agree to a final judgment with a one hundred twenty (120) day sale date. In the interim, the parties would mediate the case, at which time the Defendant would be offered, at the least, a deed in lieu of foreclosure, plus payment of a percentage of the second mortgage, plus an amount for moving expenses.
4. I immediately called my partner, Lawrence Tolchinsky, who conferenced in Ms. D.C. Plaintiff’s counsel was standing near me and he reiterated the proposal to me. As Plaintiff’s counsel reiterated the proposal, I was repeating to my client what Plaintiff’s counsel was saying.
5. After discussion, Ms. D.C. decided to accept the offer proposed offer/proposal made by Plaintiff’s counsel on September 18, 2012.
6. The Plaintiff has not offered a modification nor has it even offered the promised deed in lieu of foreclosure as an alternative to the foreclosure proceeding.
7. My client agreed to abandon the pending Motion for Continuance of the Summary Judgment hearing and she agreed not to pursue any defenses and potential counterclaims due to the offer made by Plaintiff’s counsel on September 18, 2012.
FURTHER AFFIANT SAYETH NAUGHT.
SWORN TO AND SUBSCRIBED before me on the __ th day of January, 2013, by ALAN D. SACKRIN, who did or did not take an oath and who presented as identification:[ ]State Drivers License [ ]Other: _______________________________.
This is a sample document related to a specific set of facts and circumstances and should not be used or relied upon if any foreclosure, deficiency judgment, short sale or any other real estate matter. We recommend and urge you to consult with an experienced lawyer for professional advice as each case is unique.