Real Estate foreclosure

[jillsart]

I just lost my whole story but the question is, on this new found Judges decision that the Judge used a phrase that I have never heard before which is why we lost to the Defendant's decision which we did not address which was " fatal to plaintiff's claims" again, which they failed to address,

What does that mean that we lost because the lawyer failed to address the Defendant's decision and that was " fatal to the plaintiff's claims. Our lawyer never told us about this letter/decision, I just found it tonight. We were suing for quite a sum as Pennymac has put us thru grief and heartache and ruined our excellent credit.

 

[zddoodah]

I just lost my whole story

Huh?

What does that mean that we lost because the lawyer failed to address the Defendant's decision and that was " fatal to the plaintiff's claims."

To say that something is "fatal to the plaintiff's claims" means that the thing in question compels the court to rule against the plaintiff. For example: "In Palsgraf v. Long Island Railroad Co., the facts were ____. The facts of this case are exactly the same. Therefore, Palsgraf is fatal to the plaintiff's case because the defendant owed the plaintiff no duty." Alternatively: "The post over which the plaintiff tripped was one of many that protruded from the ground be at least six inches. These posts were darkly colored and were readily visible against the bright green grass of the golf course. That the hazard encountered was readily visible is fatal to the plaintiff's claim because a reasonable person in the plaintiff's position would have seen and avoided the post."

The rest of your post doesn't make a lot of sense without any context and without the ability to read the court's decision. Obviously, your specific questions should be directed to your lawyer.

 

[army judge]

For example: "In Palsgraf v. Long Island Railroad Co., the facts were ____. The facts of this case are exactly the same. Therefore, Palsgraf is fatal to the plaintiff's case because the defendant owed the plaintiff no duty." Alternatively: "The post over which the plaintiff tripped was one of many that protruded from the ground be at least six inches. These posts were darkly colored and were readily visible against the bright green grass of the golf course.

Palsgraff, one of many such cases, the bane of this 1L (at the time) in Torts class using the textbook of the preeminent legal mind on the law of torts (Prosser).

Thanks for the memory, mate.

 

[zddoodah]

Palsgraff, one of many such cases, the bane of this 1L (at the time) in Torts class using the textbook of the preeminent legal mind on the law of torts (Prosser).

Thanks for the memory, mate.

LOL. For whatever reason, it was the first case that sprung to mind. Of course, I AmJur'd torts, so maybe my memory of the class is a little less unpleasant than yours. ;-)

 

[adjusterjack]

Pennymac has put us thru grief and heartache and ruined our excellent credit.

How?