I recieved a motion for summary judgment. How long do I have to object to it, and what happens if I don't. Florida Foreclosure.
Real Estate Attorney
You don't necessarily have to file an objection to the motion for summary judgment. However, it there are any facts that you think the judge should consider before dedicing on the motion, you should file affidavits in opposition to the motion for summary judgment. If you do not think that the motion for summary judgment should be granted, you should go to the hearing on the motion and give the judge legal reasons why the motion should not be granted. Representing yourself at a summary judgment hearing is not something that you will be able to do well without a lawyer. If you want to contest the summary judgment motion, you should hire an experienced foreclosure defense lawyer in you area to represent you.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
If you have been sued in Florida state court, Florida Rule of Civil Procedure 1.510 provides that a summary judgment motion must be served at least 20 days before the hearing date.
FRCP 1.510 also provides that and that the opposing party "shall identify, by notice mailed to the movant's attorney at least 5 days prior to the day of the hearing, or delivered no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgment evidence on which the adverse party relies. To the extent such summary judgment evidence has not already been filed with the court, the adverse party shall serve copies on the movant by mailing them at least 5 days prior to the day of the hearing, or by delivering them to the movant's attorney no later than 5:00 p.m. 2 business days prior to the day of hearing."
Court's do not automatically grant unopposed summary judgment motions, because the party moving for summary judgment has to carry the burden of producing sufficient evidence to show that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. If you have a defense, you should by all means advance it. There have been some recent important decisions, e.g., in Massachusetts, spelling out requirements for foreclosing on residential properties, which rulings have thwarted a lot of foreclosures because the chain of ownership of the mortgage could not be established when the foreclosure suit was filed. See the link below, one of many discussions of the Ibanez case and its national implications.
As you can see, this is a complex set of legal issues. Your local bar association should have a lawyer referral service to put you in touch with a competent foreclosure defense attorney. You should not delay...summary judgment motions take time to review and oppose. A good lawyer might be able to help you if you give him/her enough time to do his/her job.
The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a geniune issue as to the amount of damages.
Attorney Horan is licensed to practice in Massachusetts. The response provided here is informational only, not legal advice, and does not create an attorney-client relationship.
Real Estate Attorney
Mr. Deeson's answer was instructive. I would only add that as to the specific deadline, any opposing affidavits (sworn statements executed in front of a notary) must be served by mail at least 6 days before the hearing upon the Plaintiff's attorney OR hand delivered at least 2 business days before the hearing.
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