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What is a motion for summary judgment in a foreclosure?
A summary judgment motion tells the court that based upon all the pleadings filed in the case, there are no issues of fact for the court to resolve at a trial, and that the plaintiff is entitled to a judgment without a trial, as a matter of law.
What is a foreclosure house?
Foreclosure is a civil lawsuit in which a bank, mortgage company or other lien holder seeks a court order to sell your property to satisfy a debt. If the court awards judgment to the lender, the lender can have the property sold at auction to pay off the mortgage debt.
What is Plantiff's motion for summary judgment in a foreclosure case?
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.
What happens if a homeowner does not make payments on their mortgage?
The bank will start foreclosure proceedings. They will file a complaint against you in court and seek judgment. The house can then be sold in a sale or auction.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
If you made the payment but the bank says you didn't on the foreclosure statement but is the foreclosure valid?
No, it's probably not a valid foreclosure at this point. This is what the foreclosure hearing will be meant to establish. The fact that the bank is pushing the house into foreclosure does not mean that they will be allowed to sell the house at a public auction. Instead, they will have to sue the homeowners through the court system and obtain a judgment, based on nonpayment of the original mortgage. The judgment will be the impetus for selling the home at a public sheriff sale, and proceeds from the foreclosure auction will be used to pay off the judgment. However, if the mortgage has been paid as agreed, this evidence should be presented at the hearing to the court. The court may request more documentation from the lender to back up the charge of defaulting on the loan. If the loan has been paid as agreed, then there is no grounds for a foreclosure judgment to be issued.
What is a motion for summary judgment in a foreclosure?
A summary judgment motion tells the court that based upon all the pleadings filed in the case, there are no issues of fact for the court to resolve at a trial, and that the plaintiff is entitled to a judgment without a trial, as a matter of law.
What is the process for obtaining an Illinois deficiency judgment after a foreclosure sale?
To obtain an Illinois deficiency judgment after a foreclosure sale, the lender must file a lawsuit within 90 days of the sale. The court will then determine the amount owed by the borrower, taking into account the sale price of the property and the outstanding loan balance. If the court finds a deficiency, the lender can seek a judgment for the remaining amount owed.
What is a foreclosure house?
Foreclosure is a civil lawsuit in which a bank, mortgage company or other lien holder seeks a court order to sell your property to satisfy a debt. If the court awards judgment to the lender, the lender can have the property sold at auction to pay off the mortgage debt.
What is Plantiff's motion for summary judgment in a foreclosure case?
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.
What happens after the foreclosure auction who has to pay the difference between the amount sold at the auction and the difference of the loan?
the lender can seek a deficiency judgment against the homeowner in court
Can they seize your property in a different state from were the judgment was made?
For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.
What happens if a homeowner does not make payments on their mortgage?
The bank will start foreclosure proceedings. They will file a complaint against you in court and seek judgment. The house can then be sold in a sale or auction.
What is a foreclosure dismissal?
Foreclosure dismissal is a simple foreclosure challenge that can be filed to the foreclosure complaint even without an attorney.Added: A foreclosure dismissal is a court order dismissing a foreclosure action.
Will filing for bankruptcy stop a forcloser Judgment against you?
If the judgment has not yet been granted by a court, it will stop the foreclosure. The mortgagee will have to file a motion for relief from stay to continue. If the judgment has been granted, it may stop the auction of the property. If the property has been sold, it will not have any effect. The answer can depend on your jurisdiction's laws regarding foreclosure, not on federal bankruptcy law, so consult a local bankruptcy attorney.
What is the summary of judgment and foreclosure sale date in Florida?
In Florida, a judgment is a court ruling that confirms a debt owed by a party. A foreclosure sale date is set when a property owner fails to repay a mortgage, and the lender seeks to sell the property to recover the debt. This process allows the lender to auction the property to the highest bidder in order to satisfy the outstanding mortgage debt.
Can someone put a lien on your house that you rent for a small claims judgment?
It all depends on the laws and court rules of the state where the court is. But usually even a default judgment in a small claims court will count as a judgment lien, although a default judgment usually can be set aside if there were reasonable excuses for the default and if there is a meritorious defense. Some small claims courts require that a transcript of the judgment be sent to a central judgment docketing office, meaning that the judgment is not an automatic statewide lien as a judgment in a regular trial court would be.
