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I have a Summary Judgment scheduled on my foreclosure case. An attorney said that even if I lost, there would still be a Trial.

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The case was "set for trial" after the original (first) Summary Judgment. This is the second Summary judgment, which follows the bank's Amended Complaint. He said that, "Even if I were to lose at Summary Judgment, that the bank would then move to obtain a Trial Date based on the fact that they have already notified the court that the matter is ready for trial".
In all my research, I have never heard of having a Trial after a person loses at the Summary Judgment. I thought if a person loses the Summary Judgment, then an auction is scheduled. I don't know what to believe at this point. I would very much appreciate any and all responses or explanations. Thank you.

5 Attorney Answers

THIS is why you HIRE a lawyer to provide proper legal advice. When you fish for freebie information in the litigation arena you will usually get what you paid for. If you are not sure of how summary judgment works, its a clear sign you are in over your head and need to retain litigation counsel ASAP.
You definitely should hire a mortgage foreclosure lawyer to assist you. You are in danger of losing your case because of your confusion about the procedure.
As Mr T said, Summary Judgments can be very complicated as SJ can be filed on all issues or only some of the issues and the consequences depend on whether it is a full pr partial summary Judgment and who is filing it. A party filing for SJ is saying "these are the undiputed facts and based on those undisputed facts I am entitled to a Judgment as a matter of law on issue X ". If the PLainitff files for SJ and "loses" the Judge is simply saying you are not entitled to a SJ (i.e. Judgment without trial) but you still have a right to try the case and you may win there". On the other hand, if it is a foreclosure case and the Plainitff wins a Motion For SJ on all issues, then you are correct, there is no separate trial and the foreclosure goes through the post-trial process which results in the foreclosure sale/auction. Maybe you've gathered from this that if you can afford it, you should do as Mr. T suggests and hire an attorney to represent you.
If summary judgment for the bank is denied on the amended complaint then a trial is set as the case is not over. You need to hire a lawyer as procedural things can make or break you at this point.
It is difficult to answer the question without having more facts. However, the only way a case goes to trial after a summary judgment hearing is if the movant (the person that filed the notion) losses the hearing. Good Luck.

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