Foreclosure in 32708>Question Details

Adaizee43, Home Seller in 33009

what happens when a summary judgement is granted?

Asked by Adaizee43, 33009 Thu Dec 10, 2009

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Keith Manson- Metro Milwaukee Wisconsin’s answer
The summary judgement establishes the figure owed and the bank can proceed with the foreclosure law suit. This the amount the bank will accept before the foreclosure sale.There should of be a foreclosure sale date set at the same time. You are getting very close to the end of the foreclosure process.

Befow is the process discribed by realty trac:
Pre-foreclosure Period

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.

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.

Notice of Sale / Auction

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.

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

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.



Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee
0 votes Thank Flag Link Fri Dec 11, 2009
The bank attorney will provide proof to the judge that they have fulfilled all their obligations in order to repossess the home.
0 votes Thank Flag Link Thu Dec 10, 2009
Adaizee,

The bank is getting closer to foreclosure, they filed with the clerk of court and you more than likely had to respond with a letter to the clerk. After a set time they more the process along by filing for a summary judgment.

Call a real estate attorney to discuss further.

Are you in the process of a short sale?

Broker Dave
GRI, ePRO, Real Estate Broker & Realtor

Visit my Bio located here on Trulia, just scroll your mouse over my picture and left click, also visit my website for innovative tools helping with your real estate decision in the Central Florida area.
Web Reference: http://OrlandoHomeStore.com
0 votes Thank Flag Link Thu Dec 10, 2009
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