Law Essay Sample Paper on Issuance of a Summary Judgment

Issuance of a Summary Judgment

The process of issuance of a summary judgment gives homeowners a chance to challenge their lenders’ filed cases. It is extremely essential to have the defendant respond to the legal notice within twenty days, after which he or she will be considered to have defaulted. On the material day, the defendant will be able to present substantial material to the presiding judge, who will make a decision on whether to grant or halt foreclosure activities by the lenders. In a situation where homeowners ignore a foreclosure notice, they are risking their home ownership rights. Therefore, it is important for the defendant to attend a foreclosure case even if one is negotiating with a bank for a loan modification. It will form the legal grounds for a further lawsuit by the lender where a case is decided. Issues of fairness in a summary judgment allow the homeowner to present his or her documents to challenge the complainant’s claims (Conton, Kirsch, and Vernon 21). If the plaintiff, through a lawyer, is in a position to successfully respond to the claims, the foreclosure summary judgment will not be granted, thus solving the problem.

In addition, a summary judgment is meant to filter the unnecessary claims and at the same time dismiss improper deliberations by the parties. It is a fact-finding mission to determine the legality issues surrounding the liability in question. In a case where the complainant’s managerial skills and competence in executing his liability is inadequately presented, a judge will be hesitant to grant a summary judgment. This opens more room for further foreclosure hearings or in some circumstances leads to a court trial. This is an effective and efficient way of dealing with numerous claims that may not have legal grounds for a trial process, and hence a fair way of solving a foreclosure stalemate. On the other hand, if a summary judgment is granted, the lender will seize the plaintiff’s house, where a date is set for sale, or a further formal trial may proceed.

This Process Fairly Balances the Rights of the Borrower against the Need for Judicial Economy, Given the Vast Amounts of Cases That Are Pending

Judicial economy is one of the most important aspects to look at when undertaking foreclosure case ordeals. This is because of the fact that the endeavor is too expensive depending on the number of cases to be presided over. Therefore, the presiding judge balances the rights of the borrower by giving him or her chances to submit extra documents to be used in challenging the case before summary judgment. The process is fair in the sense that the judge has to listen to respondents’ argument despite limited resources and time. However, in cases where the borrower is not present, judgment is made instantly, with the lender being given the right to seize the house. Furthermore, judgment is made on the case depending on the facts in the material submitted as evidence for the case. This means that the court economizes on time and resources that would otherwise apply to file a case set for trial in a court of law.

A borrower is issued with a lawsuit notice against him or her by the lender before a foreclosure case is set for hearing. The borrower adequately prepares his or her evidence to be applied in the judgment. This means that a judge uses the facts to come up with a formidable judgment. An example is where senior judge Horace Andrews presided over a foreclosure case by the Citibank mortgage against a St. Petersburg homeowner (Hundley 3). Lawyers from both sides were put on a speakerphone to battle out their clients’ case. Some facts were discovered in the process, and hence, the summary judgment was not granted.

Works Cited

Conton, Walter J, Linda M. Kirsch, and William S. Vernon. Legal Issues in Real Estate Foreclosure. Eau Claire: National Business Institute, 2009. Print.

Hundley, Kris. “Judge Stays Calm in Foreclosure Chaos.” St. Peters burg Times[Florida] 26 Nov. 2010: 3. Print.