1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Real Estate foreclosure

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by jillsart, Feb 9, 2018.

  1. jillsart

    jillsart Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    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.
     
  2. zddoodah

    zddoodah Well-Known Member

    Messages:
    1,767
    Likes Received:
    243
    Trophy Points:
    63
    Huh?

    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.
     
  3. army judge

    army judge Super Moderator

    Messages:
    28,471
    Likes Received:
    3,432
    Trophy Points:
    113


    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.
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    1,767
    Likes Received:
    243
    Trophy Points:
    63
    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. ;-)
     
  5. adjusterjack

    adjusterjack Super Moderator

    Messages:
    5,547
    Likes Received:
    974
    Trophy Points:
    113

    How?
     

Share This Page