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David L
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Category: Real Estate Law
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Experience:  Attorney licensed in multiple jurisdictions.
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On a Amended Re-Notice of Hearing it states, Plaintiffs

Resolved Question:

On a Amended Re-Notice of Hearing it states, " Plaintiff's Motion for Summary Judgement Including a Hearing to Tax Attorney's Fees and Costs". What does this mean/ It is on a home foreclosure.

Submitted: 7 years ago.
Category: Real Estate Law
Expert:  David L replied 7 years ago.
Hi. This is a notice of a hearing at some future date (as specified on the notice) where the lender will be seeking a summary judgment and an award of attorneys' fees and cost. The summary judgment, if granted, gives the lender a foreclosure judgment against the borrower. Once that is granted, the property can be set for a sale date. The motion for attorneys' fees and costs, if granted, awards attorneys' fees and costs of suit to the lender, to be paid by the borrower.
Customer: replied 7 years ago.

Thank you Davlabo,


This is a short sale home. The seller will not pay for anything. Would not the lender realize this? So, wouldn't these charges have to be paid by the lender?



Expert:  David L replied 7 years ago.
Hi. The lender really doesn't care that much if the short sale goes through. They almost never offer to pay any of the costs. If the buyer really wants to purchase the property, the buyer ends up having to kick in more money to cover costs.
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