On the 23rd of July there will be a motion for summary judgement on my foreclosure. Do I have to move out immediately?
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On the 23rd of July there will be a motion for summary judgement on my foreclosure. Do I have to move out immediately?
What are my options in Florida following a motion for summary judgement? Do I have time to move out? I have two adult handicapped sons to care for and because of damaged credit I no longer have full access to housing.
Asked on June 30, 2009 under Real Estate Law, Florida
Answers:
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The Motion for Summary Judgment (MSJ) is a paper filed by the lender, asking for a quick judgment without a trial. The MSJ must be presented to the judge at a court hearing. If you filed a response, you must receive a notice for the Summary Judgment Hearing in the mail. At the hearing on 7/23, the judge will ask both sides to state their positions. The judge may ask you some questions, but generally if the lender’s paperwork is in order, he will sign the foreclosure judgment. The reason judgment can be entered just by looking at the MSJ paperwork is that once the lender has shown the judge proof that you have not paid your mortgage, there is nothing more to prove. Unless you have some defense or counterclaim which would justify or excuse your nonpayment, the lender will win the MSJ, and the judgment will be signed. This is not to say that a foreclosure cannot be successfully challenged, but in most foreclosures the lender will “win” its case at the summary judgment hearing. The judgment which the judge signs carries two important pieces of information. The first one is the judgment amount. The judgment amount is the total of all money owed by you to the lender, including the principal balance of the mortgage, interest, penalties, late fees, attorneys fees, title search fees, etc… The judgment amount is the amount that the property will have to sell for to fully pay off the lender.
The other important information is the foreclosure sale date. In Florida the foreclosure sale must be held within 35 days. Judges however may, under certain circumstances, allow some extra time beyond the 35 days. If you need extra time, you should request it at the MSJ hearing. Given your situation with two adult handicapped sons, the judge should not have a problem giving you extra time. Ask for more than you think you'll actually need, and be ready to settle for somewhat less. Hope that helps.
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