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?

<p>The court enters a final judgment of foreclosure (B)</p>
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In case the time allotted for the hearing is insufficient, what can the court do?

<p>Announce at the hearing a date and time for the continued hearing (A)</p>
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Who must be notified of the date and time of a continued hearing if one is scheduled?

<p>Only those parties who appeared at the initial hearing (C)</p>
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What is the consequence if the court finds that all defendants have waived the right to be heard?

<p>The court will enter a final judgment of foreclosure without further hearing. (D)</p>
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When is it unnecessary for the court to hold a hearing or adjudge requested attorney fees to be reasonable?

<p>When attorney fees do not exceed 3 percent of the principal amount owed (B)</p>
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What constitutes conduct that shows a defendant has relinquished the right to be heard on an order to show cause?

<p>Not filing defenses or appearing at the hearing (D)</p>
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If a defendant files defenses by a motion, what is presumed about their conduct?

<p>They are engaging in conduct that shows relinquishment of rights. (B)</p>
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What happens if a defendant does not waive the right to be heard on an order to show cause?

<p>The court will schedule further hearings. (C)</p>
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When can the court announce a date and time for a continued hearing?

<p>If the time allotted for the initial hearing is insufficient (D)</p>
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