At the Law Office of Ira J. Metrick, we receive and review all notices our clients receive during the New Jersey Foreclosure Process, and we provide explanations of the notices and answer questions about how they affect the foreclosure process, including the Motion for Summary Judgment.
What is a Motion for Summary Judgment in NJ (Sometimes called a Motion to Strike Answer)?
If your home is facing foreclosure from a bank or money lender and they are filing a Motion for Summary Judgment, they are essentially telling the Court that they have the right to foreclosure and that there is no need for a trial because you have no defenses. In this motion, the bank must establish the validity of the mortgage, the default, and the right of the mortgagee to resort to the mortgaged property. To defend a Motion for Summary Judgement a homeowner must show that there are material issues of facts as to whether the lender has the right to foreclose. The evidence in these motions is documentation from the lender about; assignments of mortgage, possession of the Note, and date of default.
When Can a Lender File a Motion for Summary Judgment?
A Motion for Summary Judgment can be filed by the lender at any time after the expiration of the 35 days from the service of the complaint, if a homeowner has filed a Contesting Answer. The lender must also serve the homeowner with a notice of the hearing at least 28 days prior to the Court date. The Court date must also be at least 30 days prior to the Trial date.
If the lender is granted the summary judgment, it will grant them the right to apply for a Final Judgment and set the amount due. Once Final Judgment is granted, the lender can schedule a sheriff sale date. If you are facing a foreclosure, seeking legal counsel as soon as possible will give you the greatest opportunity to save your home.
What Should You Do if The Bank Files a Motion for Summary Judgment?
If you receive a Motion for Summary Judgment, there are specific requirements for your opposition. You MUST either admit or dispute each of the facts in the Plaintiff’s statement which is submitted with the motion. You must also explain to the Judge why their evidence is unreliable. Some defenses include arguments that the lender has not shown:
- Possession of the original Note prior to the date the Complaint was filed;
- A valid Assignment of Mortgage;
- The certification in support of the motion was from someone with personal knowledge of the information being provided to the Court.
Each notice you receive can affect the foreclosure process. If you have received a Motion for Summary Judgment, if it important to understand what it means and what your options are. If you need to know what a specific notice means, the Law Office of Ira J. Metrick can assist you by explaining them to you. We also offer representation to receive all of your notices in our office, and then forward them to you with explanations.
