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Irwin Law
Irwin Law, Attorney
Category: FL Real Estate
Satisfied Customers: 7015
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I have a property in Florida that has a sale date in the

Customer Question

I have a property in Florida that has a sale date in the court for July 12. My lawyer made a motion to Set Aside a Final Judgement of Foreclosure 25 days ago. The law 1.540 (b), Fla. R. Civ. P., subsection (4) on the basis that the judgment is void as a matter of law because it was entered without the consent of these Defendants.
This motion also asked for a Hearing.
There are only a few days left to set aside the sale and we still haven't gotten a response from the judge. What should we do? Can the judge continue with the sale without giving us a Hearing?
Submitted: 7 months ago.
Category: FL Real Estate
Customer: replied 7 months ago.
Thank you so much for all of your help.
Expert:  Irwin Law replied 7 months ago.

Can the judge continue with the sale without giving us a Hearing?

Yes. I'm sorry to have to be the bearer of bad news, but there is no absolute requirement that the judge hold a hearing on a motion to set aside a foreclosure judgment. The judge may summarily deny the motion and permit the sale to proceed. I don't know what was alleged in support of the motion to set aside, but we going to do for dinner I'm hungry there may already be enough in the case record to sustain the validity of the judgment, i.e. deny the motion wwithout a heaing.

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