Summary Judgment Hearing

Another tip from your Seminole County foreclosure and Seminole County short sale realtor. Seminole County homeowners in a foreclosure lawsuit, if you do not file an answer to the foreclosure lawsuit within the 20 day period of being served, or if the judge rules against you at the preliminary hearing and doesn’t allow you more time, the lender in a Seminole County foreclosure lawsuit will file a motion for summary judgment. At the summary judgment hearing, the lender will present the foreclosure case against you. You may give testimony if you are present to try and create a dispute as to a material fact in the foreclosure case. Without evidence showing payment of the amounts allegedly due, or some other defense to the lawsuit (FOR EXAMPLE, THE FORECLOSING LENDER DOES NOT HAVE THE NOTE) the judge will most likely rule against you and find you in default of the mortgage and will grant the lender the right to foreclose the mortgage and sell your property. The final summary judgment will show the amount you owe the lender including principal, interest, attorney fees, expense, and court costs.