We received papers, with this statement: 'Motion for summary final judgement of foreclosure and to re-establish lost loan documents'. Does this mean the ARE going through with the foreclosure? what does "re-establish lost loan documents" mean?
Family Law Attorney
Yes, it appears your property is in foreclosure. A motion for summary final judgment comes later in a proceeding, so you should have been served with a complaint and summons before this point. A summary judgment motion is a way for the lender to obtain a final judgment without a trial. It can only be granted if there are no material facts in dispute and the lender is entitled to summary judgment as a matter of law. If you filed an answer and raised affirmative defenses, it may be harder for the lender to obtain a summary final judgment. "Re-establish a lost loan document" means that the lender does not have possession of the original promissory note that you signed and is using an alternative statutory procedure to establish the debt (if the lender does not follow this procedure to establish the lost document, it has to surrender the original note to the court). I would suggest that you hire a lawyer right away to see if you have a meritorious defense to the summary judgment motion.
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Yes the foreclosure is proceeding. You are probably talking with them about a loan modification, short sale or something else and they are foreclosing at the same time. you need to get with an attorney who deals with Florida Foreclosure defense to review your documents and situation ASAP to protect your rights and interests in the property.
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