Foreclosure, motion for default judgement, Florida
10/5/2009 PL 1 1 MTN FOR DEFAULT JDMT FINAL OF FORECLOSURE AND FOR AWARD OF ATTY
My question is do they have a hearing and do they send out a notice of the hearing to the owner or does the judge just make a ruling and issue a FJ and sets a sale date? Thanks!
2 attorney answers
Pasco county requires certain procedural steps to occur before a final judgment can be issued and a checklist of these steps must be filed with the court. If the bank has not complied with each of the required steps, you can certainly object to the hearing taking place - which may buy you time to work out an agreement.
If a default was entered (if you did not file an answer to the complaint), you will need to take steps to get the default set aside immediately. You should retain an attorney to assist you in this process.
Keep checking the clerk's docket to see if a notice of hearing has been filed. You are certainly entitled to attend the summary judgment hearing.
Please call if you would like to discuss your options further.
Yes to all. You will be given notice (or should be given notice) of the final hearing. You should probably hire a local attorney to look over your loan documents because there is likely a defense of some kind which will, at a minimum, buy you some more time to try to find a favorable solution. Perhaps, if you can stall the final judgment, you could list the property for a short sale.