It sounds like the plaintiff is still proceeding with seeking summary judgment even though you have a short sale in the works - this is very common. Often I have attended summary judgment hearings to hear the borrowers say they have a short sale in the works and the court enters the judgment anyway, saying that the sale date is far enough out to allow the short sale to complete. However there is no guarantee that the short sale will go through. Having a judgment entered works entirely in the bank's favor and gives them less incentive to grant a short sale since they have essentially won the case already. I would suggest you oppose summary judgment even being entered and the best way to do that is to hire a good foreclosure defense attorney.
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