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No Judge assigned to my case. How to proceed?

Debtfarmer · April 1, 2026

BHG Financial debt case.

I originally answered with affirmative defenses and also asked the plaintiff the following

Defendant demands that Plaintiff produce:

1. Complete loan file including original promissory note and all amendments.
2. All securitization documents including pooling and servicing agreements.
3. Trust formation documents for any securitized vehicle that may own the debt. 4. Chain of title documentation from origination to present.
5. Proof of current ownership and right to collect.
6. Complete payment history and account statements.
7. All assignments, transfers, or conveyances of the debt.
8. Corporate authorization to bring this lawsuit.
9. Servicing agreements with any third parties.
10. Evidence that debt was not securitized or sold to investment trusts.

It has been about 6 months and they have a new Lawyer who has asked to settle the case or else they will proceed with a motion for summery judgement.

Currently no Judge is assigned to the case. Can I still lodge documents in the case?

Also I was thinking of starting the Counter Affidavit or file a motion to dismiss.

Thanks for the advice

1 reply

  • brian · April 3, 2026

    If there is a case in court, there is a judge. Just file as you are required. Focus on your job and the court will take care of the other stuff. Always work towards your settlement goals with the other side especially if they made the first move as you say. Better than a judge bringing a bias to the situation who may not see the case as you do. Good luck.

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