Introduction
Summary judgments in real estate cases come in form of foreclosure. Although foreclosure regulations and rules vary depending on the state, most states require the lender to file a lawsuit with the circuit court in the county where the property is located. Resultantly, the homeowner receives a notice of a lawsuit. Upon the homeowner receiving the notice of the lawsuit, it is important that they seek the advice of legal foreclosure lawyer. Nonetheless, some homeowners prefer to self-represent but later on discover that they lack the adequate skill to secure a favorable outcome.
Motion for Summary Judgment
Leners file for a motion for summary judgment and request the judge to issue an instant decision in favor of the movant. Granting the motion negates the need for a trial. Resultantly, the bank or lender regains the control of the property. For homeowners, the preceding is an unfavorable position. Nonetheless, a judge could be convinced that the facts of the foreclosure should be heard and the motion denied.
Reason for Lenders Filing a Motion for Summary Judgment
Most lenders file a motion for summary judgment when they believe that the evidence and fact are in their favor. As evidence lenders possess documented client contacts as well as supplemental evidence of the refusal or inability of the homeowners to complete mortgage charges. The lender also explains every key step taken to bring the loan current and avoid foreclosure.
A motion for summary judgment facilitates foreclosure
Time for Filing
Whereas foreclosure laws vary depending on the state, a motion for summary judgment is basically filed 20 days after the actual suit is fled with court. This is when the Defendant has not made any significant step with regard to the suit like filing a response. The lender is required to serve the borrower or homeowner with the hearing notice along with the documents or evidence filed in court.
Filing a motion for summary judgment within the court timelines increases the chance for a favorable ruling.
Summary Judgment Hearing
A summary judgment hearing refers to the very final hearing in a foreclosure suit. During the final stage, the court mandates whether the lender shall be granted a go-ahead to sell the property in question through foreclosure, the amount owed to the lender by the borrower, and when the property will be sold. The preceding aspects are pegged on whether the judgment will be entered at the hearing.
The summary judgment hearing basically places the lender’s lawyer against that of the homeowner. The former is required to be strategic with establishing a robust case against the homeowner. Without a lawyer, the homeowner is compelled to accept what they are being offered. One key scenario is the lender’s lawyer offering the homeowner an extended date of sale. Whereas the term sounds favorable to the homeowners, accepting the offer grants the lender a go-ahead to deal with the property.
A summary judgment hearing involves both sides being heard by the judge
Upon issuance of judgment, it is finalized if there are no errors. In the absence of evidence and a solid case, judgment is issued against the homeowner. Consequently, the lender is granted the right to foreclose the mortgage as well as set a date for the property. There is thus the need of the homeowner having a lawyer to avoid blindly accepting what is being offered by the lender. For instance, an offer for an extended sale date. Though the preceding is favorable to the homeowner, accepting the offer will grant the lender an outright permission to facilitate sale of the property.
Conclusion
A summary judgment means that the matter has been finalized. In the absence of evidence or a robust defense, the judgment is against the homeowner. Hence the lender is granted the right to foreclose the mortgage as well as establish a date for selling of the property. Meanwhile, the homeowner receives the summary judgment showing the total amount of money owed to the lender. This includes the principal balance, other expenses, court costs, late fees and attorney fees.
