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request from BofA to set aside default lien strip
Nancy raises some good points I had not considered, so I am modifying my earlier suggestion. Advise the attorneys that you will consider their request AFTER they have obtained, and provided you with a copy of their BPO. If the BPO comes in low, simply refuse to stip. In their motion to set aside the default, they will have to demonstrate a meritorious defense - which they don't have if the BPO is low. Alternatively, ask them to prepare the motion and send it to you before it is filed. Then you can decide whether they are just trying to cover up a mistake or they really have a chance to prevail on the motion. If the latter, then stip to relief and let the Court resolve the issue on the merits.
David A. Tilem
Law Offices of David A. Tilem
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
www.TilemLaw.com
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See if they have any evidence to contest the lien strip. In my experience, when they just get the file, they haven't even had time to look into the value of the property (typically the only way to contest the lien strip). When they take a look at the value, they may agree to leave the default judgment alone or you can agree to stipulate to a judgment on the merits with determination of value(rather than default).
Frank X. Ruggier
Price Law Group, APC
15760 Ventura Blvd., Suite 1100
Encino, CA 91436
Direct: (818) 205-2406
Fax: (818) 907-2106
www.pricelawgroup.com
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I agree in general. That is, of course, unless E. Carroll is still around......know thy judge.
Wesley H. Avery
Wesley H. Avery, Esq.
Roquemore, Pringle & Moore, Inc.
6055 E. Washington Blvd., Ste. 500
Los Angeles, CA 90040-2466
wavery@rpmlaw.com
http://www.rpmlaw.com
(323) 724-3117 (office)
(323) 724-5410 (fax)
Law Offices of Wesley H. Avery, APC
28005 Smyth Drive, Ste. 125
Valencia, CA 91355-4023
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David Tilem is right. As a professional courtesy, it is best to stipulate as the end result will most likely be that the default is set aside.
Even if you oppose the motion to set aside the default, Courts favor a trial on the merits and it would be inclined to set aside the default and let the adversary proceeding continue. You would have to show how your client is prejudiced in not setting aside the default, which would be a significant hurdle to overcome.
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Professional courtesy - you should agree to stip unless specifically forbidden from doing so by the client. You would want the same courtesy if the shoe were on the other foot.
David A. Tilem
Law Offices of David A. Tilem
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
www.TilemLaw.com
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