Legal Question in Real Estate Law in Florida

i need a response to motion for summary judgment of foreclosure letter based on the facts below.

i have a property going in forclosure in state of florida,miami dade county i was never personally served, somebody else that was in the apt one day got served, also i was never served with the letter saying to go to court to answer for this summary judgment. when foreclosure papers was served, it was answered within 30 days

now i am trying to sell the apt tru short sale, trying to get an acceptable offer for the bank. i need to add to this letter this info about trying to sell and i need to know what are the other options i have to get more time at this court appointment date in 17 days from today to be able to get the apt sold, i need more time. i need a letter that both answer the judgment but also gives me more time to try to sell it. the bank is countrywide home loans that brought mortgage from another bank, i heard country wide loans have lots of wrongs things on it my name is edward thanks


Asked on 12/30/10, 5:58 pm

2 Answers from Attorneys
Shelly Schellenberg MI & FL private practice

Edward, you need a real estate attorney. Foreclosure motions are not for novices, and a DIY approach could prove more costly than if you have a professional review your documents, help you with the short sale, and try to stall the foreclosure action.

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Answered on 1/04/11, 6:03 pm
Richard Kaplan

If you insist in representing yourself and cannot afford an attorney, and can give some information. It might help.

It sounds like you need to file a Motion to Squash Service of Process. Service must be done on someone 15 or older residing in the residence. If the person you claim received service and they don't reside there, then you need to bring them to the hearing to testify. They will have to state under oath where they do reside. However, if they were residing in your place for even a short time, it may not work. But then again, it may work.

While you are at it, point out the potential defects with the service of process. Do it quickly. It may not work, but if it does, it will buy you some time. Only a little time.

Beyond that you need an attorney.

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Answered on 1/04/11, 6:11 pm


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