In a Florida foreclosure action, a motion for summary judgment is typically filed by the lender, asking the judge to decide the case in favor of the lender immediately. This would provide the bank to take control of the property without a lengthy trial. In order to be heard in court and allow all the facts of the foreclosure case to be heard, a Florida homeowner or borrower fighting the foreclosure will have to convince the judge not to award a summary judgment.
Most lenders file a motion for summary judgment because they believe all the facts of the case rest in their favor, and there is no point in a court case or a trial. They often have well documented facts of a homeowner’s inability or refusal to make mortgage payments, and they know that all other steps have been taken to bring the loan current and avoid the foreclosure. A motion for summary judgment is filed when the lender’s attorneys believe there is nothing the borrowers could say in their defense that would prevent the foreclosure from moving forward.
Lenders in Florida are able to file a motion for summary judgment 20 days after the lawsuit has been filed. The lender is required to serve the borrower with notice of the hearing as well as any supporting documentation that has been filed with the court. While most judges have high standards that lenders must meet before a motion is granted, summary judgments have become more frequent in Florida foreclosure cases.
Stephen K. Hatchey, a Florida real estate attorney, can help you navigate this and many other legal matters. To receive a free consultation, contact our offices at 813-549-0096.