What is a motion hearing in a foreclosure case?

A motion for a summary judgment is filed by the lender and asks the judge to make an instant decision in favor of the lender. The granting of this motion will negate the need for a trial and result in the lender or bank regaining control of the property.

What is final Judgement of foreclosure?

A final judgment of foreclosure is an order in certain states that a plaintiff/bank gets from the court, which allows them to sell a defendant’s home for failure to pay the mortgage.

What can the Office of the Chief Administrative Hearing Officer DO?

The ALJs may impose sanctions and penalties as prescribed by law, issue cease and desist orders, award attorney’s fees and, in the case of immigration-related unfair employment practices, award back pay.

How are the decisions in an ocaho case numbered?

Under the revised numbering system, if an OCAHO case results in multiple published decisions, all of the decisions in that same case will be published under the same reference number, with “sub-letters” for decisions after the first decision. The sub-letters will be lower-case, beginning with “a” (e.g., 1247, 1247a, 1247b, etc.).

Is there a defense to foreclosure in Pennsylvania?

Pursuant to Pennsylvania case law, the failure to follow the regulations does not provide an absolute defense to foreclosure, but represents an appeal to the equitable powers of the trial court to determine the applicability of those regulations.

Is the Procedural Officer decision binding on the case team?

The Procedural Officer’s decision is binding on the case team in Phase 1 merger investigations and market studies. The Procedural Officer advises the Inquiry Group acting on Phase 2 merger investigations or market investigation references, having considered the parties’ representations.

Can a clerk of court continue a foreclosure hearing?

Under Section 45-21.16C of the General Statutes, the Clerk of Court may continue a foreclosure hearing up to 60 days. This could be due to the Clerk’s conjecture that the issue can be solved with time. For example, the Clerk may issue a 60 day continuance if the Debtor is in the process of working something out with the mortgage company.

How is document fraud used in a foreclosure case?

Document Fraud in a Foreclosure Case: Trial Court Ignores, Appellate Court Reverses! It is most incredible and a very, very troubling commentary on the state of our nation’s judicial system when fraudulent documents are permitted to be used in any courtroom.

How to prove standing in a foreclosure case?

A plaintiff seeking to foreclose must prove it had standing at the time the foreclosure complaint was filed. Focht v. Wells Fargo Bank, N.A., 124 So. 3d 308, 310 (Fla. 2d DCA 2013).

Can a foreclosure case be remand for dismissal?

Because the Bank failed to prove it had standing to foreclose at the inception of the case, we reverse and remand for dismissal. This court employs a de novo standard of review to determine whether a party has standing to bring a mortgage foreclosure action. St.