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Legal Procedure for Entry of Final Judgment in Foreclosure Cases

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Legal Procedure for Entry of Final Judgment in Foreclosure Cases

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Questions and Answers

What does the court do if all defendants have waived the right to be heard?

Schedule a hearing to determine if a final judgment of foreclosure should be entered

Enter a final judgment of foreclosure without the need for further hearing (correct)

Notify all parties of the need to provide additional evidence

Dismiss the case due to lack of evidence

What does the court do if a defendant has not waived the right to be heard?

Determine if there is cause not to enter a final judgment of foreclosure (correct)

Immediately enter a final judgment of foreclosure

Dismiss the case without further consideration

Schedule another hearing for further evidence presentation

What happens if a defendant fails to show cause as to why a final judgment of foreclosure should not be entered?

The court promptly enters a judgment of foreclosure (correct)

The court schedules another hearing with extended time

The plaintiff is required to provide more evidence

The case is dismissed immediately

When can the court announce a date and time for a continued hearing?

If the time allotted for the initial hearing is insufficient Signup and view all the answers

Who must be notified of the date and time of a continued hearing?

All parties who appear at the initial hearing Signup and view all the answers

What will the court do if all defendants have waived the right to be heard?

Enter a final judgment of foreclosure without any further hearing. Signup and view all the answers

When is it unnecessary for the court to hold a hearing to adjudge requested attorney fees to be reasonable?

If the attorney fees do not exceed 3 percent of the principal amount owed. Signup and view all the answers

What constitutes a waiver of the right to be heard at the hearing to show cause?

Failure to file defenses by motion or answer and not appearing at the hearing. Signup and view all the answers

In what situation would the court announce a date for a continued hearing?

If there is insufficient time during the initial hearing. Signup and view all the answers

What happens if a defendant files defenses by motion or verified answer?

The defendant's right to be heard is preserved. Signup and view all the answers