Receiving a motion for summary judgment can make a foreclosure feel much more immediate. The lender is asking the court to decide the case—or part of it—without a trial.
The motion is not itself a judgment. But it deserves prompt attention, and preparing for it involves more than putting the hearing date on your calendar.
If you have received a motion or hearing notice, gather the complete documents and have them reviewed by a Florida foreclosure defense attorney.
From motion to court decision
- 01
Motion received
Keep the motion, attachments, and service information together.
- 02
Response preparation
Have the deadline, evidence, and available issues reviewed.
- 03
The hearing
Confirm the court’s instructions and what must be prepared beforehand.
- 04
Court decision
Review the written order and the next steps it requires.
A simplified overview—not a deadline calculator. Your response deadline comes before the hearing. Confirm the dates that apply to your case.
What is a motion for summary judgment in a foreclosure?
Summary judgment asks the judge to rule without a trial because the moving party says there is no genuine dispute about facts that matter to the outcome and that the law entitles it to judgment.
In a mortgage foreclosure, the plaintiff may submit loan documents, payment records, affidavits, and other materials to support its request. Disagreeing with the lender is not enough by itself. A response needs to address the relevant evidence and legal issues.
Under Florida Rule of Civil Procedure 1.510, factual positions generally must be supported by specific record materials or an explanation of why the opposing materials are insufficient. For background, read our common foreclosure defenses in Florida guide.
Do not confuse the response deadline with the hearing date
Waiting until the hearing to seek help can leave important preparation unfinished.
For motions governed by the amendments effective January 1, 2025, Rule 1.510 generally requires the opposing party to serve its response within 40 days after service of the motion. The hearing generally must be scheduled at least 10 days after the response deadline, unless the parties stipulate or the court orders otherwise.
That differs from older guidance tying the response deadline to the hearing date. The Florida Supreme Court explained the change in its summary judgment rule amendment.
Have an attorney confirm the applicable deadline using the motion, service information, court orders, and governing rules. Do not calculate your deadline from this article alone.
What should you gather for an attorney?
Bring the complete packet—not just the page showing the hearing date.
The motion and case papers
- Motion for summary judgment and all attachments.
- Hearing notice and attendance instructions.
- Complaint, summons, and attached documents.
- Any answer, defenses, or other responses filed.
- Court orders, including any case-management order.
Payments and correspondence
- Mortgage statements and payment confirmations.
- Default notices and other lender correspondence.
- Modification applications and decisions.
- Written agreements and communications with the servicer or plaintiff’s attorney.
Keep the emails, envelopes, and service information that accompanied the documents. Ask how to provide records securely. Our foreclosure consultation checklist can help you organize the conversation.
What will a foreclosure defense attorney review?
A useful consultation should connect the motion to your actual case—not simply produce a list of possible defenses.
- What is the plaintiff asking the judge to decide? Bring the complete motion so the requested relief can be identified.
- Which records do you believe are wrong or incomplete? Identify specific payments, dates, notices, or documents and provide supporting records.
- What has already happened in the case? Explain what you filed, hearings you attended, and any prior attorney involvement. Our foreclosure complaint and summons guide explains the initial papers.
- What is happening with the mortgage servicer? Bring written decisions and agreements, not just a summary of telephone conversations.
- What do you want to accomplish? Explain whether you want to keep the property and what payment arrangement you believe you could maintain.
Not every concern amounts to a legal defense. The purpose of a review is to identify which issues matter and what steps may still be available.
What if you are applying for a loan modification?
Do not assume that an application or negotiations have put the lawsuit on hold.
Federal mortgage-servicing rules can restrict a servicer from seeking a foreclosure judgment or taking other steps when specified conditions are met. Protections depend on factors including the application’s completeness and timing, and do not guarantee a modification. See the CFPB’s loss-mitigation rule.
Have the application history and court papers reviewed together. Tell the attorney about an upcoming hearing even if the servicer says it is reviewing your request. Keep a record of applying for a loan modification during foreclosure.
Can you ask for more time?
An attorney can assess whether there is a supported basis to request additional time or other relief. Rule 1.510 includes a procedure for circumstances where essential facts cannot yet be presented, but relief is not automatic.
Explain what information is missing, why it matters, and what efforts have been made to obtain it. Do not assume that requesting more time changes a deadline or cancels a hearing.
What happens if summary judgment is granted?
A ruling granting the full foreclosure relief can result in a final judgment setting a sale. A partial ruling may resolve only certain issues without finishing the case. The written order matters.
Under Florida Statutes §45.031, a sale is generally set 20 to 35 days after the judgment or order. The statute permits later scheduling with the plaintiff’s consent and gives the court discretion to enlarge the sale time. Do not treat that range as a guaranteed amount of time in your case.
Redemption has its own requirements and cutoff: generally before the later of the certificate-of-sale filing or the time specified in the judgment or order. Do not assume this is the deadline for every form of relief. See §45.0315.
Have the judgment reviewed promptly. Our Florida foreclosure process guide explains the stages, and our guide to stopping foreclosure in Florida discusses stage-specific considerations.
Questions homeowners ask
I already answered the complaint. Do I still need to address this motion?
Yes. An answer to the complaint and a response to a summary judgment motion serve different purposes. Do not assume your earlier filing satisfies the requirements for opposing the motion.
Does receiving the motion mean I have already lost?
No. A motion asks the court for a ruling; it is not the ruling itself. The court can grant summary judgment when the legal standard is met, so the motion should not be ignored.
Do I have to attend the hearing?
Do not ignore the notice or assume attendance is optional. If represented, ask your attorney whether you must attend and who will appear. Otherwise, promptly review the court’s attendance instructions and seek advice. Attending does not replace any required written response.
Can I still discuss settlement or a modification?
Those discussions may continue, but an agreement is not guaranteed and discussions alone do not suspend court requirements. Coordinate any negotiations with the response to the motion and confirm any agreement in writing.
What if the hearing is only a few days away?
Call promptly and identify the hearing date at the start of the conversation. Have the motion, notice, and case number ready. The firm will need to assess timing and whether it can assist; contacting an attorney does not itself postpone the hearing.
Find foreclosure information for your Florida county →
Sources and important context
Rule 1.510 was checked against the October 1, 2026 Florida Rules of Civil Procedure compilation and the Florida Supreme Court’s December 2024 amendment. Additional sources: §45.031, §45.0315, and 12 CFR §1024.41.
Published October 10, 2026. General educational information, not legal advice. Deadlines and available options depend on the case. Contacting the firm does not establish an attorney-client relationship or suspend proceedings. No outcome is guaranteed.