Legal Question in Real Estate Law in Florida

My home has been in the process of foreclosure for the past 18 months. At this point, I know that the hearing for summary judgement is scheduled for this Friday, February 19, 2010. A number of other documents have been filed recently with the clerk of courts. The only way I know any of this is by accessing the clerk of court website. Is there anything I can do to halt or delay the foreclosure? I have received copies of past documentation (i.e.-summons, etc.), but have not received any of the most recent information (i.e.-notice of hearing, various affidavits, etc.). In addition, a "summary judgement checklist" is required by our court district prior to a judgement being determined and I do not see that listed for our case on the website. Can I write a letter to the court explaining that I have not received these latest documents or bring to the court's attention that there does not appear to be a "summary checklist"? Should I attend the hearing? Unemployed for 5 months!


Asked on 2/15/10, 7:21 am

2 Answers from Attorneys
Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

If you were not served with proper notice of hearings and other proceedings in the foreclosure case, there is a way to potentially undo certain actions which have been taken such as entry of a summary judgment order. Also, if you take certain actions to defend the case it is possible to delay or slow down the foreclosure proceeding for some time. I would suggest that you engage the services of a licensed Florida attorney to review the status of the case and advise you as to how to proceed.

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Answered on 2/20/10, 10:13 am
Robert Roemer Robert Roemer

I would suggest you go to the hearing and object to summary judgement because all those documents should have been sent to you (i am guessing you represent yourself- if not your atty should have gotten these documents). I don't know your facts but this is a logical legal argument - in fact if i was representing you I would file a a motion objecting to having the hearing based on these facts.

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Answered on 2/25/10, 5:24 pm


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