Civil Actions

We have been served by a bank for an outstanding debt, and after initail suit and response, they,(bank) plaintiff has filed a motion for summary judgement. in that the bank rep. told us our properties were more than sufficient for collateral to extend this loan, we were later surprised by this suit. bank has filed an affidavit of this bank rep saying in 2 of his points that 1. the properties were insufficient (properties submitted exceeded loan amt.) 2. he notified us verbally that the properties didn't qualify. He never did this, the first we heard from bank was lawsuit at out door. so my question. this shouldn't have ever gone to court as we did everything they asked and were told not to worry the properties would qualify and the loan would be extended. What is the best way to answer this motion for summary judgement. We do owe the money, but we think the only fair thing is to collateralize the properties and extend it. They want fees on top of note now. We can attach the tax forms with market values that we submitted to an affidavit....we could motion to strike this bank rep's affidavit, and include our tax notices to prove he has lied in his affidavit. also, he lied again saying he told us they didn't qualify. Obviously he could not have told us that in the face of the tax notices showing the total exceeding our debt. This is a large bank corp. My husband says they just wanted to try to tie up all of our properties with a judgement and jack the interest rates. Should we do our own motion for summary judgement as defendant or respond to theirs, and keep in mind the idea I have to strike our local bank reps. Perjured affidavit. Where/ how would that fit in? We know we own the debt. Just want to go back to where we were before lawsuit and allow us to collateralize and extend it.....we have perfect credit and do not think it is in any way fair or right to have a judgement like this on our record. Can we force the bank to drop it and work with us, or can we persuade the judge to order such? Thanks, hope this wasn't too confusing.

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