What does Final Summary Judgment mean? FREE foreclosure defense consultation – just ask for a foreclosure defense lawyer at (407)883-2618.
It means that you are at the end of the line and it is very likely the Judge will set a judicial sale date. Final Summary Judgment means that you have raised zero meritorious defenses and that there is nothing to argue about. It means that that there is no evidence in dispute and the Judge can make a decision as a matter of law. My highest recommendation is to immediately seek out a foreclosure lawyer to attend this hearing with you. If you represent yourself, remember the saying = “the man who represents himself has a fool for a client”. I would never go to a tire shop to get the transmission on my car fixed. And I would hope that you would not just go to the town lawyer with your foreclosure lawyer. Just because a lawyer did your divorce or settled your cousin’s car accident does not mean that the lawyer knows all of the particular nuances of foreclosure defense.
There are probably over a hundred different arguments that could be made at a Final Summary Judgment hearing. If you are thinking that your defense will be = “Judge, I would like the bank to produce the promissory note with my wet ink signature” then go ahead and start packing your belongings because you are going to be losing your home very soon! I am not exaggerating. That is the weakest and most tired argument you could ever use in a Final Summary Judgment hearing. It is almost a sure bet that the Bank will have your original promissory note, or at least a document that resembles the original so much that you would never be able to tell if the difference. Do I think that the bank would forge a promissory note? Maybe, why not? I mean, after all, there are hundreds of millions of dollars on the line. The loan servicing companies get paid a fee for producing lost documents. Perhaps it would seem very feasible that a loan servicing company will prepare falsified documents. However, the point remains, you better have a much more exciting foreclosure defense than demanding the original promissory note because the bank will probably call your bluff. I would say over 95% of the time the bank will have your original promissory note at final summary judgment.
You are going to have five minutes or less to present your foreclosure defense argument, examine all the documents and persuade the Judge why you should prevail. If you present some tired argument that the Judge has heard thousands of times, there is a high likelihood that the Judge will go ahead and set a Judicial Sale date. You have 5 minutes to persuade the Judge. I say that you should prepare approximately 4 hours. That is almost an hour of preparation per minute of actual argument time. Sound like overkill? Well.. do you want to lose home? Basically, by winning the hearing you could easily gain yourself six months or more than a year in your home. If your mortgage is $1,200 a month then that means you could easily gain about $14,000 worth of free mortgage payments/rent payments. The goal is obviously not just to score one on the bank, but to ensure that justice and due process is served. Hire a professional who is highly experienced and has a proven track record of success at defending foreclosure. If you would like a free consultation with a foreclosure attorney, please call us directly at (407)883-2618.