In the event a lawsuit is filed against you, you may soon learn that a Motion for Summary Judgment is pending against you. The significance of the filing of this Motion cannot be understated to you, as this is an attempt by the Lender to obtain a Final Judgment against you, and to proceed forward with Foreclosure and seek any deficiency against you. It is irrelevant that you may be in the process of attempting to perform a Short Sale, Deed in Lieu, or Loan Modification, because the Lender may be entitled to pursue the lawsuit irrespective of any ongoing negotiations it may be having with you in an attempt to work out some other alternative arrangement.
In the event a Motion for Summary Judgment has already been filed against you, the Law Offices of Douglas J. Jeffrey, P.A. will take all precautions that are reasonably necessary and appropriate in an attempt to prevent the entry of Final Judgment, including seeking Leave to Amend any prior Answer with applicable Affirmative Defenses, propounding appropriate written discovery including Request for Admissions, Interrogatories, and Request for Production, taking depositions, or acquiring the necessary Affidavits in a good faith attempt to defeat the Lender’s efforts.
In the event we are handling your case and a Motion for Summary Judgment is filed by the Lender, we will keep you fully informed so that you may determine whether your options have changed or whether you should also consider pursuing a different avenue in an attempt to protect your legal interests. We will additionally take all steps reasonably necessary and appropriate to make the Lender prove its case and provide to us the necessary supporting documentation and information which reveals that it may pursue a lawsuit against you. We will propound discovery in an attempt to make the Lender prove its case, with an eye toward disproving any entitlement to Summary Judgment or to maintain its lawsuit against you.