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Waiver of Right to be Heard in Foreclosure Cases

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Waiver of Right to be Heard 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 as provided in paragraph (b)?

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

Dismiss the case and start over

Schedule a new hearing with different defendants

Refer the case to a higher court

What must the plaintiff show for the court to enter a final judgment of foreclosure without a further hearing?

Evidence of personal disputes between parties

Testimony from all defendants

Proof of previous court decisions

Original note, satisfaction of conditions for a lost note, or proof that the obligation is not evidenced by a promissory note (correct)

When does the court determine whether there is cause not to enter a final judgment of foreclosure?

At the start of the hearing

If a defendant has not waived the right to be heard (correct)

If any defendant has not shown up in court

If any defendant has waived the right to be heard

What happens if the defendant has not shown cause after the court hearing?

The court enters a final judgment of foreclosure Signup and view all the answers

In case the time allotted for the hearing is insufficient, what can the court do?

Announce at the hearing a date and time for the continued hearing Signup and view all the answers

Who must be notified of the date and time of a continued hearing if one is scheduled?

Only those parties who appeared at the initial hearing Signup and view all the answers

What is the consequence if the court finds that all defendants have waived the right to be heard?

The court will enter a final judgment of foreclosure without further hearing. Signup and view all the answers

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

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

What constitutes conduct that shows a defendant has relinquished the right to be heard on an order to show cause?

Not filing defenses or appearing at the hearing Signup and view all the answers

If a defendant files defenses by a motion, what is presumed about their conduct?

They are engaging in conduct that shows relinquishment of rights. Signup and view all the answers

What happens if a defendant does not waive the right to be heard on an order to show cause?

The court will schedule further hearings. Signup and view all the answers

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