Motion for Summary Judgment in Lake County,Fl

[jencam]

Hi all,
We currently have a lawyer for our foreclosure, and we have not made payments since Aug 2009. I just received a letter from our lawyer that the bank has issued a motion for Summary Judgment. The bank has not officially contacted our lawuer to schedule a hearing as of yet. I guess I want to know how much time do you think we still have in our house. Like most of you we are saving our money and do all extra time helps to stock pile our cash. As it is, we filed BK before we decicded to let go of the house, the house is over %50 under water and we never affirmed the house back. Didn't know if anyone has any idea or is going through the same step of the Summary Judgment right now.

TIA!!!

[cory1848]

Like you, my last payment was in August of 2009. I am in Polk county. Long story short, (long version is in another thread) we filed our answers and have since heard nothing. We are waiting for a hearing for those filings. I am guessing that we would have at least 6 months left after something moves on our case. So I would say if you don't fight the summary judgement filing, you would probably have close to 6 months.

Please do us a favor and keep us updated on your progress. It would give us all a better timeline for Florida cases.

Who is your bank?

[Floridagail]

Thanks for update, We are in Polk county also, BOA Last pmt May 2010, I filed , but We are waiting until he gets sued to file.
Nothing filed yet with county on the forclosure or credit cards. So we sit here and wait. All ours houses in here are just about all been forclosed us since this subdivision opened 2005 except maybe 10 of 129. We are in north lakeland and now the homes are getting really vandalized, people are tearing out ac, appliances, bathroom fixtures, etc. So the banks are better off letting owners just stay in the homes.

[AngelinaCatHub]

They just can't make a Motion for Summery Judgment if you are not sued. I do not understand this and I've been sued big time from an enemy who caused my demise into bk.

You must (or your lawyer) get a summons for a hearing. If you do not show, a default judgment. If you show and have valid arguments, you can stall. If you have not excuse, then a Judgment could be levied. If you have excuses, a Motion for summery could be asked for but you could respond to contest. Later on a trial, probably by Judge, not Jury. This is my understanding and I'm a FL person also. 'Hub