Question About Motion for Summary Judgment

[scooter6251]

I was served with LP on my house in Florida (Middle District) on June 11, 2012. We want the bank, GMAC, to foreclose. My question concerns the hearing for Plaintiff's Motion for Summary Judgment, which may or may not happen soon. Will I be notified? I assume I will, but can anyone tell me how? Will I be served again like the LP or is it just mailed? I do not plan to object but just want to know when things are happening. Thanks

[HHM]

Typically, you would be mailed any subsequent pleadings (e.g. motions) after the initial compliant (LP) is filed.

[scooter6251]

Typically, you would be mailed any subsequent pleadings (e.g. motions) after the initial compliant (LP) is filed.

Thanks HHM. I guessed this would be the method. Appreciate knowing for sure.

[justbroke]

Since you're in Florida, you have access to all the Florida Court records! You can look at your own foreclosure case by accessing your County Clerk's website and selecting "Official Court Records". Search by your name and voila, you can see the progress of your foreclosure case.

As HHM already stated, you would be notified if anything happens in your case... and it would be mailed. (As you know, the initial Lis Pendens is served by the Sheriff's office.)

You can't speed this up and it's all up to GMAC at this point.

[scooter6251]

Since you're in Florida, you have access to all the Florida Court records! You can look at your own foreclosure case by accessing your County Clerk's website and selecting "Official Court Records". Search by your name and voila, you can see the progress of your foreclosure case.

As HHM already stated, you would be notified if anything happens in your case... and it would be mailed. (As you know, the initial Lis Pendens is served by the Sheriff's office.)

You can't speed this up and it's all up to GMAC at this point.

I appreciate the info. I do watch the court records. That's where I found the LP filing 2 weeks before I was served. But I didn't know if their request for the hearing for the Summary Judgment would be in the court records or just after the judgment is granted. I will continue to monitor it. Happy 4th everyone.

[justbroke]

I appreciate the info. I do watch the court records. That's where I found the LP filing 2 weeks before I was served. But I didn't know if their request for the hearing for the Summary Judgment would be in the court records or just after the judgment is granted. I will continue to monitor it. Happy 4th everyone.

Please remember that there are two different sets of records that the Clerk of the Court maintains. One is the "Public Record". The lis pendens (LP) is held in the Official Public Record. The actual foreclosure lawsuit is held in the "Official Court Records".

So, the request for hearing or ANYTHING on the docket would be in the "Official Court Records" and not the "Official Public Records".

[scooter6251]

justbroke, I did not know about the Court Records. I found it and see all the things they have done so far. I noticed that the plaintiff had to pay the court $994.50 so far plus they had to hire a private process server since we live out of FL now. I'm sure they will have more costs. In February, I offered them the keys to do a DIL. They weren't interested unless I filled out pages of paperwork to show my inability to pay. Keep in mind, my mortgage was already discharged in Jan 2011 with my BK7. My inability to pay is public record. I guess they have a lot of incompetent lower level clerks make what should be management decisions.

The Court Records show AFFIDAVIT OF SERVICE-SERVED for me and my wife dated 7/2/12. We were actually served 6/11/12. Maybe they wait until the 20 days is up before entering it in the records. Now we'll see if they move ahead (we hope) or just sit on it. Atty is AXXXXXXX in Tampa.

Thanks a lot for the info about the 2 different county court sites.

[justbroke]

I'm glad to read that you found both sets of County records and you're able to see your case now.

[scooter6251]

Sorry about the name. I forgot. Thanks for correcting it

[scooter6251]

Well, our 20 day waiting period from the LP service was up July 2. Not a word since and no new entries since the AFFIDAVIT OF SERVICE-SERVED was entered 7/2. Boy do we wish they would go for the Summary Judgment and sell the dang house so our future mortgage clock would start running. Patience, I know, but I'm running out of years to be patient.

[scooter6251]

Update on our house. We received the request for a Summary Judgment paperwork including the tax attorney's request for their fees in the mail on Sat, and on Monday it appeared in the Official Court Records. So maybe it will get done sooner than later. I have no idea how long it takes for them to schedule such a hearing. It's in Flagler County, FL. We'll keep watching. Since we're not contesting, hopefully they will set a sale date at this hearing

[deedeecfl]

Looks like they are starting to move on people. We were served with an LP in Kissimmee on 4/18/12 after having Chap 7 discharge in Nov. 2011. House was not reaffirmed. Just checked court records and saw "PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT INCLUDING A HEARING TO TAX ATTORNEY'S FEES AND COSTS (NO ORDER) ". I am guessing the "tax attorney's fees and costs" part don't apply to our costs since the mortgages (1st and 2nd) were discharged. We are happy to see it finally move along. We've been paying HOA fees and I was sending someone over to mow lawn but then the bank padlocked our gates and changed the locks. My lawn person met the individual assisgned to check monthly on the property and they had already advised bank to get someone out to start mowing the lawn. That was a month ago.

[scooter6251]

Looks like they are starting to move on people. We were served with an LP in Kissimmee on 4/18/12 after having Chap 7 discharge in Nov. 2011. House was not reaffirmed. Just checked court records and saw "PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT INCLUDING A HEARING TO TAX ATTORNEY'S FEES AND COSTS (NO ORDER) ". I am guessing the "tax attorney's fees and costs" part don't apply to our costs since the mortgages (1st and 2nd) were discharged. We are happy to see it finally move along. We've been paying HOA fees and I was sending someone over to mow lawn but then the bank padlocked our gates and changed the locks. My lawn person met the individual assisgned to check monthly on the property and they had already advised bank to get someone out to start mowing the lawn. That was a month ago.

Our house is in Flagler Cty. Our PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT INCLUDING A HEARING ....., was for the atty's bill also and I assume, as you, that the bank pays their bill as we were discharged on the mortgages too. Ours was filed 9/10/12. I wish I knew how long it takes them to schedule that hearing. The sooner the better. We offered them the keys for a DIL in Feb, but they weren't interested. No wonder they are so screwed up. Banks operate with NO common sense. They'd rather spend several thousand to FC instead of taking a free DIL. Go figure.

[tobee43]

i figure FC's are in fact BIG money for some. many atty's are on retainer for the banks and just keep dragging their feet and the system is no help.

[scooter6251]

I see that the bank's atty has filed a MOTION FOR DEFAULT/PRPOSED DEFAULT , a NONMILITARY AFFIDAVIT, and a NOTICE OF DROPPING DEFENDANTS (unknown parties). From what I can find out on line, apparently that will help move the process along towards getting the Summary of Default Judgment. I hope so. Surely wish the property would be out of my name before year's end.