Motion For Judgement

9 Replies

Hi BP, I need your help on this one. Question, in the foreclosure process what does a (Motion for Judgement) mean? And also would this action be taken before or after the Notice Of Default?

I've never practiced law in Massachusetts, and I'm not your lawyer, so take this with a grain of salt. Generally a motion for judgment (presumably judgment on the pleadings) occurs after a lawsuit is filed, and after your date to answer the lawsuit has passed. This would be a few steps after a Notice of Default (assuming everything is going in the customary order...Default -> Notice of Default -> Lawsuit Filed -> No answer filed -> Motion for Judgment -> Judgment).

Also, Massachusetts is a non-judicial foreclosure state, so there doesn't need to be a lawsuit before a foreclosure. Perhaps some more details on your situation would help. 

Originally posted by @Jose Castillo :

Kyle Bryant Wayne Brooks would you guys be kind enough to give me an example of what to write to these distressed individuals in a letter form?

 You might want to include the contact numbers for a few moving companies in your letter?

@Jose Castillo I would send them a handwritten letter saying something to the effect of "Hi, I am a local real estate investor, and I saw in the county records that you are in danger of losing your house to foreclosure. I can help you avoid the hassle of foreclosure and the damage to your credit by offering a fair, cash price for your house. We can close as quickly as you need to, and you won't have to worry about the mortgage or foreclosure." etc. etc. Just be friendly and honest about what you're doing; that's the best way.

You have to get to these way before the auction date is set. You also need to speak with the homeowner and check the market to see if there is equity. if there is no equity and the debt is above the market value youre looking at a short sale and these require time and skill. They also require a homeowner that is willing to avoid foreclosure.

In my experience i most property with a mortgage in default here in massachusetts has no equity. They go to auction or down the short sale road. The key is finding property in default with some equity and a homeowner who will work with you.