Summary judgment and foreclosure

If you are facing foreclosure, summary judgment is bad news. A summary judgment is a court decision that the facts are quite favorable for the lender and you have no chance to stop foreclosure. Instead of taking more time with pointless trial, the judge makes an immediate decision where the lender is authorized to proceed to foreclosure.


Once the lender has the demand, you will be notified by sending a subpoena on the case. The summons will give a deadline, usually between 15 and 30 days to file a response with the court. If you do not respond within the time limit, you will not be allowed to file a response later, which will make it almost sure that the lender receives a summary trial. If you respond, then the attorney for the lender may file a request for summary judgment anyway.


Once the files attorney for summary judgment are presented, the judge will schedule a hearing to decide on the motion, usually within three weeks. If you need more time to file a reply or hire a lawyer can file a motion to “extend the time”. When the audience arrives, you or your attorney must show evidence of the facts that are in dispute, will be asked about how much you owe money, if you really cease payments or if the lender did not comply with the law. If the case you present is good enough, the judge denied the ruling and will give a judgment in place.


If your lender earns a summary judgment, then you can file an appeal. The homeowner mortgage admitted duty, but said the refusal of your lender to accept partial payments violated federal requirements. The appeals court agreed and ordered the lower court to allow the homeowner make his case.


In 2010, newspapers and lawyers reported multiple cases of foreclosure fraud. Roger Bull and Steve Patterson, reported in “The Florida Times-Union” this included the owners who never received a summons, while process servers forged records to show that a subpoena had been delivered, when in fact it was like that.