Preparing for a Summary Judgment Hearing As Part of a Foreclosure
In the Florida foreclosure process, the summary judgment hearing occurs after you have been delivered the summons and given a copy of the complaint and lis pendens. It’s an essential step in the process because if the bank were to get summary judgment, it can then proceed with a foreclosure sale.
After receiving the summons, you have 20 days to respond with an “answer.” Failure to respond could lead to a default judgment, which means you automatically lose the case. By answering, you avoid a default judgment, but the bank’s next move will be to file a motion for summary judgment.
What is a Summary Judgment?
A summary judgment is a motion where the bank asks the court to rule in its favor without holding a trial. They do so claiming the “answer” was insufficient.
There is a lot riding on the court’s decision because if the court were to grant summary judgment in the bank’s favor, it would mean the bank wins the foreclosure case and your home will very likely be sold. If the bank’s motion is denied, litigation will continue, and you will stand to see another day in your fight for your home.
How to Prepare for a Summary Judgment Hearing
To stand your best chance at prevailing during a summary judgment hearing, you need to come prepared and have your best defenses at the ready. With our help at Jacobs Legal, we’ll be sure to put up the strongest fight in your foreclosure defense. Here are some effective strategies to winning a summary judgment:
- Attack, attack, attack – Come in with your fists high and ready to fight. Attack every piece of the bank’s legal argument, facts, and any evidence with your own strong evidence and legal objections.
- Argue an unmet burden of proof. The bank will attack by saying that there is no genuine dispute on the facts in the case, but you will fight back by clearly and concisely stating that no such burden has been met. Force the bank to prove each and every claim they make with evidence.
- Request more time – The motion for summary judgment is often filed prior to the discovery process being fully concluded. By requesting more time, you can continue gathering evidence to fully support your case.
The summary judgment is critical crossroads in your foreclosure case. Get the right legal team at your side by contacting us at Jacobs Legal right away. We’ve been fighting and defeating Goliath banking institutions since the housing crisis of 2008 and have not backed down since. Contact us today to schedule a confidential case evaluation.