Question Details

Lanisa  Tayl…, Home Buyer in Belleville, MI

how to file an appeal for a judgement for an eviction when the bank is at fault?

Asked by Lanisa Taylor, Belleville, MI Thu Jul 3, 2008

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Hello Lanisa. Jesus is right. You need to get an attorney to answer that question because only licensed attorneys (in your state) may give legal advise. Usually, when you receive a judgment, it comes with information about your rights of appeal and there are deadlines that you need to meet. Unless you file your notice of appeal in a timely fashion, you lose your right to appeal. Many times, the appellate review is also limited to reviewing whether proper procedures were followed and the appellate court does not review the underlying facts of the case and determine whether the trial court assessed the facts right or wrong. They may be limited to reviewing the case on an abuse of discretion basis and unless they find that the trial court abused its discretion or failed to exercise discretion at all, they'll uphold the judgment. I am just mentioning this because many times people think that the court of appeals will review the entire case again. I would hate for you to spend your money on an appeal that most likely will not succeed. It may be better for you to move on with your life than trying to fight to stay in a house that is owned by the bank. Good luck to you.
0 votes Thank Flag Link Thu Jul 3, 2008
Ute Ferdig -…, Real Estate Pro in New Castle, DE
MVP'08
Contact
Go out and get an Attorney.
0 votes Thank Flag Link Thu Jul 3, 2008
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