Motion for Summary Judgment but no court date?

[CCCrazy]

I received a MFSJ in the mail yesterday from the bank's attorney saying they were going to show up in court next week and ask the judge for summary judgment at this specific date and time. But there was nothing on the court docket for me thru August. So I called the courthouse - they looked up my case number and said the attorney had filed nothing and they asked me if there was a time stamp from the court on the docs I recieved. I said No. The court clerk said someone else called this week with the same concern, and she didn't know why the lawyers were doing this. The clerk told me to just keep my eyes peeled for a court date on the docket website.

Why would the bank's lawyers do this? They just can't find a judge and have them sign something in the hallway can they? Is it a scare tactic to get the defendents to call in and they offer a short sale deal or deed in lieu option? I was waiting for a court date, and then file my answer a few days before the court date. Should I file them now?

[malf1204]

they do it to try and scare you into a settlement. They must file the motion and you must be given an opportunity to object. You must be notified(usually bu mail) and you have xx number of days to respond in writing. If you do not respond then the motion can be decided in there favor but it MUST have been filed with the court and it sounds as if nothing has been filed.

[HHM]

Any dates will depend on your State's Civil Procedure rules. I suspect that there are no dates because a hearing will only be set if you file an objection. If you don't file an objection, then the Motion gets automatically granted with no need for a hearing.

As for the deadline to object, that will be in the States Civil Procedure Rule, in general, the response time is somewhere between 10 and 14 days.

[malf1204]

They said they called the court clerk and nothing had been filed don't you need to file a motion for summary judgement with the court before it can be granted?

[CCCrazy]

This is my foreclosure procedure in full. The bank's attorney filed the initial complaint for a foreclosure (is that the Lis Pendens?), and I filed my initial answer within 14 days, basically saying I objected. An initial court date was filed for three months later but the bank's attorney cancelled. Now, out of the blue yesterday, nine months later, I get a MFSJ in the mail yesterday from the bank's attorney that has NOT been filed with the court clerk. Do I have anything to be worried about until I get assigned a court date that shows up on the court docket. As malf1204 says, "don't you need to file a MFSJ with the court before it can be granted?"

[CCCrazy]

Hello everyone, just a follow up. Thank goodness I decided to go down to the courthouse today and file my answers. I learned that a law firm can get a court date within 48 hours of filing a motion, which they did yesterday afternoon - after I had called the clerk that morning. But yet my name is not on the web's court docket. Oh well, I learned something today. Wish me luck with my court date next week!!! First court date after not paying the mortgage for 24 months.