Legal Question in Real Estate Law in Florida
Motion For Summary Final Judgment of Foreclosure
Good Evening:
I need to know if to appear in court for this process? I bought the house, I made two full mortgage payments and lost my job right after. I contacted Chase Bank(Plaintiff) for homeowners assistant program but didn't qualify. I have two kids and cant afford any lawyers for my defense. I don't want any problems with the law, because I am the head of my family economically. Please let me know asap, I am really nervous and haven't slept for weeks. My family is telling me not to worry but it's really hard when you have never had any legal problems in life. Please let me know what to do? I will highly appreciate it and so will my family.
Title of Document:
Motion for Summary final judgment of Foreclosure and to Re-Establish Lost Loan Documents.
Thanks so much,
Uriel
4 Answers from Attorneys
Re: Motion For Summary Final Judgment of Foreclosure
Without reading the papers, no one can advise. Generally, there is no reason to oppose. Hopefully, they can sell the property to cover what you owe.
Re: Motion For Summary Final Judgment of Foreclosure
As explained, you are about to lose the property (unless you asserted defenses). It is possible that the lender could also ask for a deficiency judgment - the difference between what was owed and what the lender can recover upon sale of the property. Lenders almost always reserve the right to a deficiency judgment but have not usually pursued this in the past. However, that may change, given the weak market (and whether or not there is mortgage insurance protection - MIP).
If you want to keep your property, I reinterate my previous comment - you should see an attorney.
Re: Motion For Summary Final Judgment of Foreclosure
The Plaintiff is preparing to foreclose on your home. The next step is a hearing on the motion for final summary judgment, and the judge will probably grant it, unless you raised sufficient defenses or affirmative defenses. Once the judgment is entered, your home will be sold at a foreclosure sale.
You need to find an attorney fast - there are a number of resources for help, even legal aid.
Re: Motion For Summary Final Judgment of Foreclosure
The court is being asked to sign a final judgment of foreclosure, after which the lender will advertise a foreclosure sale. Unless you feel you have a legal defense, there is probably no reason to hire an attorney. If they try to get a judgment against you beyond just taking the house, you will be notified, and at that point you will need an attorney.