What types of motions are filed with the Office of Foreclosure and what types are filed with the county?
There are several types of motions that may be filed in relation to a foreclosure proceeding. Some motions should only be filed with the Office of Foreclosure, while others should only be filed with the General Equity judge in the county of venue (the county in which the foreclosed property is located). Certain motions may be filed either with the Office of Foreclosure or with the county General Equity judge, depending, in part, on whether or not a foreclosure final judgment package has been filed with the Office of Foreclosure.
Types of Motions filed with the Office of Foreclosure:
- Motion for Entry of Final Judgment
- Motion for Entry of Default Out of Time
- Motion to Vacate Default (if the final judgment package has NOT yet been filed)
- Motions Extending Time to Answer (if the final judgment package has NOT yet been filed)
- Motion to file an Amended Complaint (when any answer—contesting or non-contesting—has been filed)
- Motion for Surplus Funds (if payment of surplus funds is not contested and the party seeking the funds was a party to the original foreclosure case)
Examples of Motions filed with the county judges:
- Motion Extending Time to Answer (if the final judgment package has already been filed)
- Motion to Vacate Default (if the final judgment package has already been filed)
- Motion for Summary Judgment
- Motion Appointing Guardian Ad Litem
- Motion Appointing Rent Receivers
- Motion Appointing Attorney for Party in Military Service
- Motion for Substituted Service
- Motion to Set Aside Final Judgment or Summary Judgment
- Motion to Stay Foreclosure Proceeding (There are various reasons to stay foreclosure proceedings; the defendant will need to contact an attorney to determine if this option is available to him.)
- Motion to Stay Sheriff's Sale
- Motion to Stay Eviction
- Motion to Vacate Sheriff's Sale