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Barrister
Barrister, Lawyer
Category: Real Estate Law
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Experience:  14 years real estate, Realtor. Landlord 24+ years
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what is a motion for summary final judgement of foreclosure

Resolved Question:

what is a motion for summary final judgement of foreclosure and taxation of attorneys fees and costs and how long do we have before having to leave the property? Thanks
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Barrister replied 4 years ago.

Hello,

 

If no answer to the foreclosure complaint is filed within the required time, the lender may move for a default. This may accelerate the foreclosure process in that the lender can move for a Summary Final Judgment.

 

At the hearing on a motion for summary final judgment, if the court grants the motion, a summary final judgment is entered and a sale date is set. The summary final judgment indicates the sale date and the judgment amount.

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The taxation of fees is just to add in any attorney fees and costs associated with the foreclosure.

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After the property has been sold, then the new owner would have to bring an eviction action against you to take physical possession of the property. In such situation the new owner or the bank will approach the court and ask for a hearing to decide when you should be going through foreclosure eviction. At the time of hearing the judge will decide how long you can stay before moving out.

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After the court orders your foreclosure eviction if you do not move out within 10 days then the new owner can obtain an execution of the eviction judgment by which the sheriff would get the right to remove you from the premises. The sheriff would normally give you 24 to 72 hours before physically showing up and removing you and your property.

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.

Thanks

Lawpro

 

 

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Customer: replied 4 years ago.
As of this date, we have not challenged any action taken by the lender and or court because we had heard next to nothing up to this date. However, it has been over a year since the original notice that we were served with. We tried to negotiate a lower price or reduction in mortgage because we initially wanted to stay in the property because we did so many upgrades to the condo and we are residing here. We have impeccable credit rating except for this loan. However, they wanted nothing of that so we have not done anything else. Can you tell us where in the chronology of the foreclosure process this action lies. Your answer seems to infer that there has been another sale and our market is so bad that i would be shocked if that were true. Especially since nobody has seen the property... Is this the start of the lender Country Wide taking the physical property back? If so, roughly how much time do you think we might still have in our home?
Expert:  Barrister replied 4 years ago.

Sorry for any confusion, but the motion is just to issue a judgment of foreclosure and set a sale date. It doesn't mean that a sale has already occurred. The foreclosure sale will be held at the courthouse and unless you allow people in to see the property, no one would see it prior to buying it and evicting you. That is the gamble of buying a foreclosure.

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A foreclosure in Florida begins when a lender files court action and records a notice of a pending lawsuit (Lis Pendens) against the borrower. The lender notifies the borrower and any other affected parties in person or in some cases by mail or publication. If the borrower does not respond to the court action within a specified amount of time, the county clerk can find the borrower in default and the lender can ask the court to make a final ruling. If the court rules against the borrower, the ruling will include the total amount owed to the lender and the foreclosure sale date. This is where you are now.

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The lender is not required by state law to notify the borrower before initiating the foreclosure process, but individual mortgages or deeds of trust might call for this. The borrower can stop the foreclosure up until the date of the sale by paying the total amount owed to the lender.

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Notice of Sale / Auction

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The sale date is typically 20-35 days after the court ruling, but this may vary depending on the individual court. The clerk of court issues a notice of sale containing the location, date, and time of the sale. The notice is published once a week for two weeks, with the second notice appearing at least five days before the sale.

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The clerk usually oversees the sale, which ordinarily occurs at the county courthouse at 11:00 a.m. on the sale date. The winning bidder must provide a 5-percent deposit and pay the remaining balance by the end of the day or a new sale is scheduled a minimum of 20 days later. After a successful sale, the clerk gives a certificate of sale to the winning bidder

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Within 10 days of the sale, the clerk transfers ownership to the winning bidder if no one disputes the sale. In most instances, a borrower has no right of redemption after the certificate of sale is issued.

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A few days to a few weeks after the auction a Sheriff's Deputy will come to the property and post an eviction notice. Once an eviction notice has been given, you will usually have only 48-72 hours to pack and leave. You can delay the eviction by filing a Motion to Extend Sheriff's Execution. If granted by the judge, this will prevent the Sheriff from returning to evict you for a period of time set by the Judge.

.

.

thanks

Lawpro

 

 

If I have answered your question, please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

 

Customer: replied 4 years ago.
I thank you for your advice. Is there a way for me to contact you directly ? I appreciate the straight forward clear and concise information.. I will gladly accept here shortly after I hear back from you.. Jorge T Arocha XXXXX@XXXXXX.XXX
Expert:  Barrister replied 4 years ago.

You are very welcome.

 

Sorry, but the Expert's agreement with JA prohibits any Expert from personal contact except through the JA website.

 

 

thanks

Lawpro

 

If I have answered your question, PLEASE CLICK THE GREEN "ACCEPT" BUTTON NOW, so that I receive credit for my work. Bonuses are optional, and are greatly appreciated. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

 

 

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 24550
Experience: 14 years real estate, Realtor. Landlord 24+ years
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