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I was served foreclosure papers last year while "in review" for loan modification PNC. I found out yesterday that a summary judg

Brooksville, FL |

I found out yesterday that a summary judgement was filed on 01/23/13.

On 01/31/13 I was told by PNC that I now meet all income requirements for a modification ($31,689 income last year/house payment is $569......I have major equity). I received another letter on 02/02/13 that I was "in-review" for modification. I have been going through this process for two years sending documents over and over.

What is a summary judgement/motion??? and what are my options? What is the time frame of a summary judgement. and what will happen? Will I get a hearing in front of a judge to prove that I have submitted everything PNC has ask for?

Attorney Answers 4


  1. A pending loan mod will not stall the foreclosure, it will only not permit the sale to go through. Hwever, the lender may stop working your mod if you have an impending sale date, so it is a catch 22. YOu need an experienced lawyer to make sure your mod goes through and that you get the best mod possible and stop the sale
    good luck


  2. The foreclosure law firm will keep moving ahead with the foreclosure unless yo take some action in the foreclosure lawsuit to stop them. You need a foreclosure defense attorney to help you immediately. The next step the foreclosure law firm will probably take is to set the motion for summary judgment for hearing approximately 30-60 days out. If you do not have an attorney, they are likely to get a sale date scheduled a month later and your house will be sold. Do not rely on the modification process.

    I provide a free 15 minute telephone consult for security deposit claims and eviction defense. No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.


  3. As my colleagues pointed out, it is time to retain counsel. It would have been a better idea to do so last year when the foreclosure process began, but it is still not too late if you move quickly. If you lose at the summary judgment hearing a sale date will be set and any leverage you have in extending the foreclosure process is greatly diminished.

    Most judges are sympathetic to your situation, where someone at the bank is telling you that qualify for a modification while the bank's law firm proceeds with the foreclosure. In fact, this situation is fairly common. If the bank has all of their documents in order you can probably get an extended sale date (90-120 days out) to get your short sale done. In some cases, a judge will continue the summary judgment hearing and force the bank to mediate. In any event, however, you need to hire a foreclosure defenses attorney immediately to review your file, amend pleadings as necessary, and serve discovery. This extra effort may postpone the summary judgment and give you additional time to get your short sale done.


  4. All of the advice above is good advice. And, it important for you to understand that the Summary Judgment procedure is highly technical, and merely appearing at the hearing with your paperwork in hand and your description of the bank failing to deal fairly with you may not be enough to avoid entry of a judgment ordering the sale your home. It is necessary for you to retain an attorney now to make sure that your case is properly prepared in order to avoid entry of judgment. This may include amending your answer, sending discovery, and making sure that proper and effective affidavits are filed on your behalf in a timely manner. If you want to avoid the loss of your home contact an attorney immediately. www.defendmyfloridahome.com

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