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What is a foreclosure uniform order setting cause for non jury trial and what happens in the court during presiding.

Miami, FL |

I live in Miami, Florida

Attorney Answers 4


  1. Best answer

    The foreclosure action against you is now set for trial before a judge. This is before a judge and not a jury, since it is "an action in equity." This is the trial where the bank will present evidence before the judge in the form of testimony and documents in an effort to repossess the home. You should definitely retain an attorney to determine whether the trial date can be continued in an effort to explore any defenses to the foreclosure action, as well as a possible counter claim.


  2. A uniform order of the type you mention typically sets forth deadlines for witness disclosures, etc. and means you have a foreclosure trial coming up shortly. That trial will likely be set at a future docket sounding if it has not been set already.

    The purpose of the foreclosure trial is to determine the outcome of the foreclosure action. If you manage to prevail the case is dismissed, and the bank has to start from scratch. If the bank prevails a final judgment will be entered and the court will set a sale date. If you have any interest whatsoever in the outcome now is the time to retain an attorney.


  3. It is an order from court setting your foreclosure for trial. If you are modifying or short selling you should have an attorney attend the trial and negotiate this on your behalf. You may even be eligible for some money back.


  4. If you are exploring a loss mitigation option such as a loan modification, short sale, or deed-in-lieu of foreclosure, that likely will not preclude the lender from obtaining a sale date. Rather, it is possible the sale date may be scheduled for a later time (e.g. 90 days out). You or your attorney should bring to court evidence that a loss mitigation is being reviewed such as correspondence with the lender stating so. The lender will likely have at least one witness who works for the lender appear and testify as to the accuracy of the pleadings with regard to the note and mortgage.

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