Foreclosure Strategies
May 10 2018
The best way to deal with a foreclosure is to take aggressive legal action when the foreclosure laws... [Read More...]
August 20, 2019 By
Attorneys for financial institutions are under pressure from the banks to move their cases through the courts as quickly as possible. For this reason if a homeowner submits an answer to the summons and complaint the financial institution will usually make a motion for summary judgment.
A motion for summary judgment alleges there are no questions of fact, all the issues in the case can be presented on paper and there are no real triable issues of fact. Based on this motion, bank’s attorney will allege the court should grant the financial institution a judgment of foreclosure dismissing the defendant’s answer and affirmative defenses. The attorneys will be putting a lot of time and effort in presenting a well documented and well set up motion for summary judgment which shows that the defenses and affirmative defenses by the homeowner are without merit. The plaintiff’s motion papers are at times 7 or 8 inches thick with regard the summary judgment motion.
The making of a summary judgment motion by the plaintiff’s attorneys causes the defendant to fight this motion by submitting opposing papers and if appropriate submitting a cross-motion seeking the case be dismissed.
If the financial institution’s attorneys are successful with regard to having the court grant their motion for summary judgment, they will thereafter bring a second motion for foreclosure and sale. In the motion for foreclosure and sale the court will usually recognize the accounting of the referee as being valid and and correct. This is the last court application necessary before the referee can schedule the sale of the house.