How to stop or delay summary judgement of foreclosure?
Question Details:My home has been in the process of foreclosure for the past 18 months. At this point, I know that the hearing for summary judgement is scheduled for this Friday, February 19, 2010. A number of other documents have been filed recently with the clerk of courts. The only way I know any of this is by accessing the clerk of court website. Is there anything I can do to halt or delay the foreclosure? I have received copies of past documentation (i.e.-summons, etc.), but have not received any of the most recent information (i.e.-notice of hearing, various affidavits, etc.). In addition, a "summary judgement checklist" is required by our court district prior to a judgement being determined and I do not see that listed for our case on the website. Can I write a letter to the court explaining that I have not received these latest documents or bring to the court's attention that there does not appear to be a "summary checklist"? Should I attend the hearing? Unemployed for 5 months!
Notice is the most important aspects of permitting a matter to go forward. If you are only able to see what is going on based on what the website says you may not have even been served properly and you are certainly not being provided notice to the correct address as the opposing lawyers are REQUIRED to send you exactly what they file in court. I suggest that you file a motion for extension of time to respond to the Motion for Summary Judgment (ask for 60 days) to review the documents as you have never seen them before. If you want to keep your home, you should try to work out a mortgage modification and see if the bank will delay the foreclosure pending the application to modify your mortgage so you can afford the payments. You should also call the opposing lawyers and tell them that you are not getting the documents and that you need time to review them. Do not wait on this. Go to court on the date of the hearing and file the motion to extent the time to respond. Also, call the bank to determine whether you canmodify your mortgage to keep the home.
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