Legal Question in Real Estate Law in Florida
house closing and foreclosure hearing set for same day
Foreclosure was filed against our house, but we sold it and sent the paperwork to the filing attorney. Closing is set for April 17. We just got notice of the summary judgment hearing and the attorney set it for April 17th! Is there a way to resolve this? We can't be in two places at the same time. If it's better for the mortgage company for us to sell the house why would they schedule summary judgment on the same day as the sale?
3 Answers from Attorneys
Re: house closing and foreclosure hearing set for same day
Have your attorney contact the lender.
Re: house closing and foreclosure hearing set for same day
If you do not have an attorney I would advise you to contact me.I have a geat deal of experience in this area and you need a court ordered continuance of this sale or it will proceed as ordered.I am in the office today call me if you need assistance.
Re: house closing and foreclosure hearing set for same day
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Do not worry. I would attend the hearing if you can as the closing will probably not be scheduled until the afternoon as most closings are. Tell the judge what is happening and he/she will usually try to help work things out.
Regardless, at the hearing on the Motion for Summary Judgment the worst that can happen is that the Court will grant the Motion. The Plaintiff's attorney will then have to go to the foreclosure clerk's office and get a sale date which will be at least 30 days later which affords you plenty of time in which to complete the transaction.
If you need assistance, feel free to contact my office as we are well versed in these kinds of matters and presumably from your zip code, the matter is in Miami-Dade County.
Scott R. Jay, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
