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Is there a time limit on filed Motion for Summary Judgement for foreclosure?

Melbourne, FL |

Motion for Summary Judgement was filed over 2 years ago by the lender on the foreclosure of a primary residence. Property is in Central Florida and it appears nothing has happened. We still occupy the home and we are trying to short sale. Although there's been no legal activity for over 2 years, we just received a Form A which mentions possible mediation. Can the filing of the motion ever expire?

Attorney Answers 2


Florida has a Rule which requires the dismissal of an action "For failure to prosecute". This is generally initiated by the court in foreclosure proceedings after 10 months in my jurisdiction. However, there are many activitied that a plaintiff can employ which are considered sufficient enough to keep the court file open.

I am not sure what "form A" you are referring to, but if a mediation is scheduled you should plan on attending and trying to work out a settlement. Without knowing the details of your case I can not advise you specifically. However, it is generally unwise to attend mediation without representation. You should hire an attorney to review your situation and advise you on your options. You may not be aware of what rights you have with regard to foreclosure.

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My colleague's response should be clarified. If an action is inactive for more than 10 months, then a party or the court can file a Notice of lack of activity. Then, the case can be moved for dismissal, but only if no other action is taken within 60 days from the date the notice is given.

The Motion will remain pending until there is either a hearing on the Motion or the case is concluded.

You may not want to bother making the motion, why awaken the sleeping Giant?

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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