FL Foreclosure procedure - what happens next?

[tmoschetto]

Last action in my foreclosure was recorded March 1st as Plaintiff's filing of Motion for Summary Judgment including hearing on fees and costs.

Is there some mandatory waiting period? I'm just wondering shouldn't a hearing have been scheduled as requested or a default judgment entered since I didn't respond.

Or is the Bank's attorney supposed to file something else, and now that they've got me all excited that this might finally be over, they're going to start dragging their feet again?

[cory1848]

Last action in my foreclosure was recorded March 1st as Plaintiff's filing of Motion for Summary Judgment including hearing on fees and costs.

Is there some mandatory waiting period? I'm just wondering shouldn't a hearing have been scheduled as requested or a default judgment entered since I didn't respond.

Or is the Bank's attorney supposed to file something else, and now that they've got me all excited that this might finally be over, they're going to start dragging their feet again?

The MSJ filing is to have the court set a hearing date. From what I have seen, it depends on how quickly the courts move in setting a date, usually 20-30 days. Once you have the date, if you are not fighting it, MSJ will be granted and a sale date will be given. Figure 30-60 days before its sold back to the lender. Then you are out.

That is, of course, if the lender doesn't cancel/reschedule the sale date on you. Been known to happen. No mandatory waiting period. The courts are just slow with the amount of cases they have. How long has your case been ongoing?

[tmoschetto]

The MSJ filing is to have the court set a hearing date. From what I have seen, it depends on how quickly the courts move in setting a date, usually 20-30 days. Once you have the date, if you are not fighting it, MSJ will be granted and a sale date will be given. Figure 30-60 days before its sold back to the lender. Then you are out.

That is, of course, if the lender doesn't cancel/reschedule the sale date on you. Been known to happen. No mandatory waiting period. The courts are just slow with the amount of cases they have. How long has your case been ongoing?

Thanks cory! I thought they would've scheduled the hearing already, even if it was a long ways off in the future.

My last payment was in April 2010, but they didn't file the LP until the end of Dec. the following year in 2011.

edit to add: Just called the assigned judge's assistant and she said the mortgage companies log into the courts calendar 20 days after filling the MSJ and self-schedule the hearing. Ugh! Would it do any good to call the plaintiff's attorney and ask what their plans are?

[cory1848]

Thanks cory! I thought they would've scheduled the hearing already, even if it was a long ways off in the future.

My last payment was in April 2010, but they didn't file the LP until the end of Dec. the following year in 2011.

edit to add: Just called the assigned judge's assistant and she said the mortgage companies log into the courts calendar 20 days after filling the MSJ and self-schedule the hearing. Ugh! Would it do any good to call the plaintiff's attorney and ask what their plans are?

Interesting to know the date is self scheduled. You could call the plaintiffs attorney, no harm in that. I have talked with the plaintiffs attorney on my case and she was really nice and willing to share info. Took me by surprise actually. Much more pleasant to deal with her than the people at my bank.