Judgment Note Form For Foreclosure In Miami-Dade
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FAQ
A motion for summary judgment is filed when the lender's attorneys believe there is nothing the borrowers could say in their defense that would prevent the foreclosure from moving forward.
If the motion for summary judgment is granted, the issue upon which the motion is brought, whether it be an entire claim, an entire defense, or a particular issue, will be thrown out.
A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial.
"Summary judgment" is a judgment in favor of the foreclosing party (called the "bank" in this article) after a borrower formally responds to a foreclosure lawsuit, but the response doesn't raise any valid issues or defenses. Once the bank gets summary judgment, it can proceed with a foreclosure sale.
A Writ of Execution may be issued by a deputy clerk upon request. A Writ of Execution commands the Sheriff's Department to make demand for the amount of your final judgment from the defendant. This is only effective if you obtain an Instruction for Levy form from the Sheriff's Office.
After you have redeemed your property, you will receive a “Clerk's Certificate of Satisfaction of Final Judgment of Foreclosure” which will be recorded in the Public Records at the County Recorder's Office – 22 NW 1st Street, Miami, Florida, 33128, phone # (305) 275-1155.
Once the summary judgement is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.
The final judgment sets forth the costs due to the plaintiff, such as principal charges, interest, costs of the suit, and attorney fees. In addition to the assessment of costs, the final judgment will list instructions for the sale of the mortgaged property at a public auction.
The Final Summary Judgment will show the amount you owe the lender including principal, interest, attorney fees, expense, and court costs. After Final Summary Judgment is entered, next the Judge will set a foreclosure sale date which is usually 30-45 days after the entry of the Judgment.
