Question: My home in South Carolina is facing foreclosure, I live and work in Fl now. If my home forecloses and they file a deficiency judgment, if I don’t have the money, can they garnish my wages?
Answer: – If your home in South Carolina forecloses and they file a judgment against you, yes they can garnish wages.
MOTION FOR SUMMARY, CERTIFICATE OF SERVICE, AFFIDAVIT OF PLAINTIFF’S COUNSEL and AFFIDAVIT OF COSTS.
Hi I live in a unit in Florida and have a letter that has the above in the title. What does it mean?
Thanks,
Andreas
Motion for Summary is just a legal term meaning they (the bank) is requesting to take legal action. Certificate of Service just means they sent you a copy of the motion. Affidavit of Plantiff’s counsel is just telling you who is involved in bringing this suit against you. Affidavit of costs is just a summary of the costs.
MOTION FOR SUMMARY – It is a request by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense.
CERTIFICATE OF SERVICE-The section of a pleading or motion that certifies that the party filing the document has sent a copy of the document to the opposing party or his lawyer.
AFFIDAVIT OF PLAINTIFF’S COUNSEL-Affidavit of (Blank) In Support Of Motion to Admit Counsel Pro Hac Vice (Sample and Form) Form. This is a New York form and can be used in Southern District Court Federal.
AFFIDAVIT OF COSTS- This is a Minnesota form and can be used in Affidavits Uniform Convincing Blanks Department Of Commerce Statewide.
I have an Order for Mediation from a St Lucie County judge on my foreclosure action – the Order was given on 9/23/09. I am the defendant. It was my motion for mediation that was granted. The Order states the bank (plaintiff) needs to place a formal request for mediation w/the Collins Ctr for Public Policy w/in 10 days of the Order. I contacted Collins Ctr today, 11/11/09, and they do not have a request from the bank to schedule mediation. The Order also states that failure to comply w/the order by the bank “will result in the dismissal of the case w/o further notice from the court”. Do I/Should I file a motion for dismissal for nonperformance/compliance by the bank with the Order for Mediation> I have submitted 3 separate loan mod requests to my lender in 2009, and to date, haven’t had any resolution to my loan mod requests – not even a denial. They won’t work w/me on a loan mod, so I had to file a mediation request. Now the court ordered it, and they still aren’t acting to work w/me thru a Mediator. Thx in advance for any help/suggestions.
I think mediation is just another hoop to jump through before you get to court, much like the “classes” you have to take now before you file for bankruptcy. It’s going to be just a formality that is meaningless to the process other than to delay foreclosure proceedings.