Motion for Summary Judgment

[howdidithappen]

If a property owner was served last June, the property was lis pendens and now the bank has filed a Motion for Summary Judgment, will the property now go to foreclosure if the Motion is granted or will the Property owner be granted additional time?

[howdidithappen]

Does anyone know what happens if the bank wins the Motion for Summary Judgment? Does the property immediately go to foreclosure? Is there a time frame from foreclosure to actually having to leave the property?

[AngelinaCatHub]

Please give more information. What so you mean Judgment. What are they suing you for? Just repossession? You have a right to respond to any event. When you respond there is a level of time for the opposition to counter respond. Anywhere from ten to 30 days. I cannot imagine a repossession going to a Jury Trial so unless default Judgment, it would be a summary judgment. Again, what is the suit? 'Hub

[howdidithappen]

Sorry - I'm asking for a friend. Their ex claims they have no money, haven't paid their (the ex) mortgage since October 2008, and that their house is on the brink of foreclosure. Court records show a motion was filed for Summary Judgment. It looks like it's been postponed a few times. Their ex now claims that the Court ruled the last time they were in Court (January 15th) that the house has been ordered foreclosed for April. Do the Courts do that - order a projected date like that? Or do you think they were given extra time to come up with the money?

[howdidithappen]

So do the Courts tell people that they will order a foreclosure in three months? More than likely this person has the money - they get a huge end of year bonus (in 2008 the bonus was over $300K) My friend is deeply in debt while all this is going on due to money the ex owes to them.

[howdidithappen]

So do Courts order that a foreclosure will be in three months? My friend's ex owes her about $50K and he's claiming poverty. We think they're holding out on the house and have the money to pay it. They get an end of year bonus every year - last year it was over $300K. My friend is about to lose their home due to the money their ex owes them.

[howdidithappen]

I've been told the Court granted a Stay for the Summary Judgment - what does that mean and are there time limitations?o

[bkresearch]

If they have already filed a case in court then technically the house IS in foreclosure already. The next step will be for the house to go up for auction. The auction date may already be set. You need to check the local newspaper and find the section where it lists upcoming foreclosure auctions. See if the house is listed yet. Once the auction occurs and the house is sold (either to an individual or back to the bank) then the next step towards eviction occurs.

What state is this? Maybe we can give you better idea of the process if we know where you are located.

[LadyInTheRed]

I've been told the Court granted a Stay for the Summary Judgment - what does that mean and are there time limitations?o

It's hard to answer your questions based on such vague information. Is the Judgment Stayed or is action on the Motion for Summary Judgment stayed? It's common for action on the motion to be stayed to allow discovery. Or, if a judgment was already entered, the judgment would be stayed if an appeal was filed.

From what I know of civil procedure (more than many people, but not enough to be certain on this), in a motion for summary judgment, a party takes the position that there is no dispute as to the facts and requests the court to make a decision based on the pleadings. By the time such a motion has been filed, the defendant probably already filed an answer in which they didn't dispute the facts stated in the complaint. The other party may take the position that not all facts are known and request a stay so discovery can be conducted so everyone can learn more facts. The defendant probably either plans to fight the foreclosure or has no defense and is stretching the case out as long as possible.

Any "time limitations" and specifics on procedure will vary by state.

[IULLOA]

I too am in the same foreclosure process at the same pace as your friends foreclosure. I am in Central Florida. Yesterday, checking the courthouse civil records search I saw a calendar entry for a motions for summary judgement for 4/7/2010 at 9 am. I called the courthouse directly and was told that this is a hearing in front of a judge. I'm assuming it's an opportunity to gain more time by exposing your particular case, etc. At this point, once the judgement hearing is said and done, a foreclosure date will be set or sent to the final foreclosure steps within the courthouse system. I was told by the rep that answered at the courthouse that a sale date will be set and it's 20 to 35 days after the judgement hearing.

Does anyone know about this at all? Maybe not all states have judgement hearings? Seems like Florida does!!! Is the timeline that the rep at the courthouse gave me accurate?

I am concerned because my father in law has a rental property that we are planning on moving into once our property forecloses. We have renters in the property and we'd like to give them as much time as possible to find another place.

Would it be fair to assume that i'm looking at June? I'm thinking judgment in april. sale date in may and then a realtor should come offering cash for keys and give me a few weeks to vacate the home which would put my timeline for June.

Sound right?

[bkresearch]

I too am in the same foreclosure process at the same pace as your friends foreclosure. I am in Central Florida. Yesterday, checking the courthouse civil records search I saw a calendar entry for a motions for summary judgement for 4/7/2010 at 9 am. I called the courthouse directly and was told that this is a hearing in front of a judge. I'm assuming it's an opportunity to gain more time by exposing your particular case, etc. At this point, once the judgement hearing is said and done, a foreclosure date will be set or sent to the final foreclosure steps within the courthouse system. I was told by the rep that answered at the courthouse that a sale date will be set and it's 20 to 35 days after the judgement hearing.

Does anyone know about this at all? Maybe not all states have judgement hearings? Seems like Florida does!!! Is the timeline that the rep at the courthouse gave me accurate?

I am concerned because my father in law has a rental property that we are planning on moving into once our property forecloses. We have renters in the property and we'd like to give them as much time as possible to find another place.

Would it be fair to assume that i'm looking at June? I'm thinking judgment in april. sale date in may and then a realtor should come offering cash for keys and give me a few weeks to vacate the home which would put my timeline for June.

Sound right?

Your timeline sounds about right but I wouldn't count on the cash for keys. We've had several foreclosures in our neighborhood and none of them have been offered cash for keys. More likely about a month after the auction you'll receive an eviction notice at which point you have about 30 days to get out.

[limage]

I am in the same position in FL with my HOA. My summary judgement with the HOA is scheduled March 4. I knew they had filed a motion and my only defense is that the HOA didn't serve my first lien lender (and I don't know if it is- the clerk did not know). Anyway, my attorney said to plan to be out 30 days after the hearing.

I may try to do more research on the issue with my lender not being served, but only to allow more weeks of the moving process. I've already decided I'm leaving this miserable effing state before summer hits in mid April.