How to file a motion with the circuit court of Broward?

a lawyer for a banks sent foreclosure notice. we contested it cause the loan is predatory. now in 3 weeks they sent a "notice of hearing" with motion for summary judgement. the courts didn't send this, the lawyer did. how can we stop this or what is the process for filing our own motion...if we should?How to file a motion with the circuit court of Broward?You should DEFINITELY seek a lawyer's assistance. A motion for summary judgment is a motion by one part asking the court to enter judgment as a matter of law against the other party, basically arguing that the facts are undisputed and that the law is in the moving party's favor. The way courts work is that the moving party will "serve" the notice of motion and motion on you, and will usually accompany it with a "memorandum of law" or "memorandum of points and authorities" or "brief in support" or something like that (sometimes that will follow in a few days, depending upon the local briefing schedule). The responding party then has a certain amount of time to file with the court and serve upon the other party a brief arguing why the motion should not be granted. Failure to do so will likely mean that the motion will be granted.

You can't get the court to "stop" the motion; all you can do really is get the court to deny the motion. You can file your own motion, but you have to have (a) something you want the court to do and (b) a good reason for the court to do it (usually a legal reason).



Now you see why it's so important for you to get an attorney QUICKLY. Legal aid societies may be able to help. If you can afford a little money, there may be a lawyer willing to help you. Also, if the loan is truly illegal and predatory, there may be a plaintiff's attorney willing to take your case on "contingency" (where you pay no fees if you lose). Call your state bar association, or the Broward County Bar Association, and ask for a referral for a "debtors rights attorney".How to file a motion with the circuit court of Broward?the lawyers have filed a motion brief with the court asking that your contesting the foreclosure should be dismissed before ever going to court because it is an invalid claim,



you will need to show up at the hearing with enough evidence to make your case in front of the judge that loan was predatory in nature, now one problem is if you original holder of the note sold it to a third party and the third party is moving for foreclosure then you must included the original lender in the counter claim of predatory lending since the new owner was not the originator of the loan



another reason why they may be moving for SJ motion