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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  Licensed to Practice Law
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PLAINTIFFS MOTION FOR SUMMARY JUDGMENT INCLUDING A HEARING

Resolved Question:

"PLAINTIFFS MOTION FOR SUMMARY JUDGMENT INCLUDING A HEARING TO TAX ATTYS FEES AND C OSTS"                                                                                     In a foreclosure case, does this mean that the final decision to foreclose will be decided at this Hearing or is it about attorney's fees being presented?    Thanks.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 5 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “In a foreclosure case, does this mean that the final decision to foreclose will be decided at this Hearing or is it about attorney's fees being presented?”

Answer: To be honest, you haven’t provided enough information to adequately answer that question. The title of the pleading gives no indication what the motion for summary judgment is for. If it is for a foreclosure, then it means that the judge will decide whether or not there are any material facts in dispute. If there are not, then the judge will rule on the foreclosure without the need for a trial. The hearing to tax attorneys fees and costs sounds like a separate issue that is being included rather than the only reason for the hearing. Again, however, I am merely speculating. I wouldn’t know for sure what is being asked for in the pleading without reading it.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9679
Experience: Licensed to Practice Law
TJ, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
I see. I had received a letter saying that there was a Hearing scheduled to go over the atty's fees & taxes, but yesterday I received the same letter adding the "motion to summary judgement" part for the same Hearing tomorrow at 8:30 am! This is a homestead & Chase had publicly announced in the news 90 days [since oct 31] moratorium on foreclosures for some reason. I was looking into BK CH 13 and waiting on a job application to see if I could keep the property [which I would like to]. Now, I don't have time for anything! Is there ANYTHING that can be done between now & tomorrow's Hearing to get some time? Either dispute "material facts" or file BK?
Thanks!
Expert:  TJ, Esq. replied 5 years ago.

Hi again.

Question: “Is there ANYTHING that can be done between now & tomorrow's Hearing to get some time? Either dispute "material facts" or file BK?”

Answer: If there are material facts in dispute, then the judge will not grant the motion for summary judgment. Obviously from here I can’t say what kind of material fact could be in dispute, but as an example, if you argued that you are not actually in arrears because you’ve made payments, then the judge would order a trial where you would show your evidence (e.g. cancelled checks) that you’ve made all required payments.

Assuming there are no material facts in dispute (i.e. you owe under the mortgage agreement, and you haven’t paid as agreed), then you can certainly temporarily stop the foreclosure process by filing for bankruptcy. This is because filing for bankruptcy automatically stays all collection action, including lawsuits. The state judge would have no choice but to put the foreclosure hearing on hold pending Chase’s ability to have the stay lifted. Generally speaking, however, a bankruptcy judge will lift the stay for a secured creditor fairly quickly if the debtor does not continue to make payments, there is no equity in the collateral, or the collateral is not adequately protected. Therefore, in order to prevent the foreclosure, you would need to continue to make payments. This does not include your arrears, however. If you were to file for Chapter 13 protection, your arrears would be paid off over time along with your unsecured debt. In other words, you wouldn’t need to repay your arrears all at once.

So, in sum, you could file for a Chapter 13 to stop the immediate foreclosure, then continue to make timely payments from that point forward, and rollup any arrears into your “plan.” If you think you can make mortgage payments in the future, you should certainly speak to a local bankruptcy attorney ASAP.


.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9679
Experience: Licensed to Practice Law
TJ, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
I'm waiting on a job interview, depending on that, I might be able to resume payments or not...that's why I just need some time.

***IF I FILE an answer to the summons stating that I dispute the amounts, would that give sufficient reason to the Judge to not make a decision tomorrow? [to get a little time]

I have been told that it's too late in the process to hire an atty to go tomorrow to the Hearing for the foreclosure...then,


***If Foreclosure is granted to Lender, is it then too late to file for BK to keep the Homestead?

Must BK be filed PRIOR to the Foreclosure decision by the Judge? or can it be done afterwards? This question seems obvious to me, but some people have told me that BK will stop a Foreclosure at ANY time prior to eviction...is that true?



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