Motion for Summary Judgement

If the lender was not granted a default judgement against the homeowner, and after a discovery period, they will usually file a motion for summary judgment. As long as they have proof that the case is clear cut and there is no substantial evidence to be provided at a trial, this usually ends the foreclosure case. In some instances, a very good foreclosure defense attorney might be able to find some issue to challenge the lender’s side. If the court decides that there are legitimate issues with the lender’s case, then judgement may be precluded and the foreclosure case will continue to trial.