To construct a strong legal argument against the court's order for eviction and repayment of the mortgage without the production of the original contract and without a hearing, consider the following points:
Lack of Standing: Argue that the Plaintiff lacks standing to enforce the contract without producing the original document. Under contract law, the party seeking enforcement must provide evidence of the contract's existence and terms, which typically includes the original signed agreement.
Due Process Violation: Highlight that the absence of a hearing constitutes a violation of due process rights. Every party is entitled to a fair hearing before a judgment is rendered, especially in matters involving eviction and significant financial obligations.
Failure to Meet Burden of Proof: Assert that the Plaintiff has not met the burden of proof required to justify the eviction and financial judgment. Without the original contract, the Plaintiff cannot substantiate their claims regarding the terms of the mortgage or any alleged defaults.
Equitable Defenses: Introduce equitable defenses such as unclean hands or estoppel, arguing that the Plaintiff's failure to provide the original contract undermines their claim and demonstrates a lack of good faith in pursuing the eviction.
Request for Dismissal: Based on the aforementioned points, request that the court dismiss the eviction order and any financial judgments due to the Plaintiff's failure to provide necessary documentation and the violation of procedural rights.
By focusing on these legal principles, you can effectively challenge the court's order and seek a favorable outcome.
