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Do I respond to a Motion for Summary Judgment After it is Filed, OR After it is Set for a Hearing?

If you’ve been having trouble making payments on your mortgage for one reason or another, you may find yourself being served a Motion for Summary Judgment. So what does this mean for you and your home?

A Motion for Summary Judgment is, as it says, a motion filed by one party seeking judgment on another. This, in layman’s terms, generally means that there is evidence showing that one side is entitled to the win because of an existing law. When a mortgage holder files a Motion for Summary Judgment, they are requesting to take possession of the house. If the bank wins the Motion for Summary Judgment, it allows them to set a date for the sale of your house to recoup their investment due to your defaulted payments.

This can be a very serious situation, and it is vital that you handle it properly. You have twenty-one days to respond to this Motion of Summary Judgment. You’ll want to file your response before it is set for a hearing. However, there are specific requirements to the respond that will be accepted by the court. As any mistakes can lead to the irreversible sale of your home, it is important to consult with a qualified attorney in these proceedings – especially if you are intending to fight the judgment and retain the rights to the home.

Regardless of whether you will be attempting to keep the house or not, these are very serious matters that can affect your credit worthiness for years to come, making it harder to find living arrangements in the future. It is always best to get help from a professional attorney who specializes in this particular area of law.

Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 866-200-4646.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.