That would seem to be a big part of the problem.  No where did he ever say that he didn't owe the money or that he was not delinquent.  It would appear to me that he is attempting to get the case dismissed to delay the inevitable.  I don't think courts generally like that sort of gamesmanship.  Even if the case got dismissed, it would surely be refiled in accordance with the order and he would most likely still lose his home.

While I agree with the sentiment that foreclosure firms should be required to file the letter of the law, including all of the rules of civil procedure, at some point you have to ask if it is worth it to dismiss a case for a "technicality." 

Best,
Robert A. Franco
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