Final Judgment of Foreclosure – Without Notice or Hearing – Take Two

For the second time in my years as a foreclosure defense attorney, I opened the mail to find a Florida judge had signed a Final Judgment of Foreclosure, ex parte, without notice and without hearing.

The first time this happened, I blogged about it, here.  In that case, a replacement judge did not realize that the presiding judge had ordered a continuation of the summary hearing, then signed the Final Judgment even though nobody attended the previously-scheduled hearing.

This time, it’s even worse.

This time, there was no hearing (cancelled or otherwise).  Yet this Final Judgment was signed anyway, with a foreclosure sale set for thirty days thereafter.

Don’t believe this could happen without a hearing?  Check the Docket for yourself.  There is no hint of any sort of Notice of Hearing on a Motion for Summary Judgment, and I certainly never received such a notice.  Quite simply, the case was progressing (or not progressing) normally, until I suddenly, without warning, received a Final Judgment of Foreclosure, with a sale date, in the mail.

Check out the rest of Mark Stopa’s commentary here…

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