Plaintiff Standing

[twins227]

I'm the defendant in a foreclosure - the plaintiff is seeking a summary judgment and the hearing is scheduled at the end of July. The plaintiff is a foreign corporation and now defunct (subprime bank) - their status with the California Sec of State is listed as Surrender. Should I file an affidavit with proof that they are not in good standing and argue the motion at the Summary Judgment hearing? A motion to dismiss is probably to late at this point.

 

[seniorjudge]

Q: hould I file an affidavit with proof that they are not in good standing and argue the motion at the Summary Judgment hearing?

A: Certainly. However, it will be overruled since the defunct corporation has had the mortgage assigned to someone else.