July 15, 2021
A Charlotte County, Florida Circuit Judge has today entered an Order which vacated a Judicial Default and Final Summary Judgment of Foreclosure on the granting of a Sworn Motion of the homeowner prepared and filed by Jeff Barnes, Esq. The July 7, 2021 sale was previously cancelled.
The homeowner filed a pro se appearance in the case and requested additional time to respond to the Plaintiff’s Complaint and Amended Complaint. The Plaintiff thereafter moved for a judicial default. The Court entered a judicial default one day after the receipt date of the request for judicial default given Florida’s 5-day mailing rule.
The Court conducted a hearing, and ultimately found that the judicial default was entered in contravention of law as it was entered without affording the homeowner a reasonable time to respond to the request for a judicial default. The homeowner’s Answer and Affirmative Defenses, which were filed with the Sworn Motion, have been deemed filed.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com