Real Estate Law
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When the original summons was received, did it name other defendants other than you in the case?
Was the property occupied by tenants when you received the summons?
Ok, then they just listed the "unknown occupants" just to cover themselves in case there was some type of squatter on the land.
With that said, they are asking the court to enter a judgment granting them the right to proceed with a sale of the property due to a default in the contract regarding payments.
If they get a default judgment, which is likely, then they can sell the property at public auction to the highest bidder. If the property doesn't sell for at least what is owed on it, then they could pursue you in court for a deficiency judgment for the difference between what it sells for and what is owed on it.
Yes, the court would send you notice of the default judgment being entered against you.
What would you anticipate the flow might be from this point forward? First they must be awarded a default judgement, then they can proceed to the court house steps?
Correct. It usually takes 5-6 weeks to get the foreclosure sale scheduled after the default judgment, but this depends entirely on how aggressive the lender is. It could take months if they aren't in any particular hurry.
Do you think this will be completed this year?
Honestly, there is no way to tell as it is entirely up to the lender as to how soon they file for a foreclosure sale once they get a default judgment. But if they proceed normally, then yes, it should be completed well before the end of the year.
Yes, the clerk will mail you out a copy once it has been entered.
And you are very welcome. Glad to help any time..