Foreclosure Plaintiff- unwilling??

Does the plaintiff need an Assignment of Mortgage to foreclose on my home? If no third party bids, the plaintiff (whether the association or a. We unfortunately find many lenders hesitant or unwilling to discuss a sale with.

Young, the plaintiff filed a foreclosure, and when the borrower failed to file an answer, the plaintiff filed a motion for default judgment. Instead of granting the motion and ordering the usual sheriff’s sale as requested by the plaintiff, the trial judge issued a notice to all parties to appear and show cause as to why the property should not simply be conveyed to the plaintiff without a judicial sale.

A plaintiff can’t file a judgment of foreclosure and sale unless a referee submits his report. It’s likely that the referee was unwilling or unable to submit the report, and that’s why the plaintiff is moving for a successor referee. It’s highly unlikely that this action would be dismissed for failure to move for judgment at this time.

Alexander, 190 So. 3d 1114 (Fla. 5th dca 2016) and applies it in the mortgage foreclosure context. In doing so the Third DCA took a step many trial courts have been unwilling to take. In Fitzgerald,

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The Court of Appeals decided that although a foreclosure is generally recognized to be an equitable proceeding, and although Ohio has a statute authorizing a sale by a master commissioner in limited circumstances, those circumstances were not present in this case, and therefore, the trial court did not have authority to circumvent a judicial sale of the foreclosed property.

led to a partial summary judgment in plaintiff's favor and an award of damages in excess. willing to take on the risk of not being paid or not willing to devote a signifi-. seeking to foreclose be committing fraud on the court?

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The purpose of foreclosure (and specifically, foreclosure sales) is to satisfy the debt and the association’s money judgment, if any. Accordingly, when the sale occurs, if the plaintiff is the highest bidder, it need not pay the amount of its bid to complete the sale; the plaintiff’s sale bid is merely “offset” by the judgment amount.

Raymond Radow. Yes. The plaintiff in a mortgage foreclosure auction may bid up to the judgment amount without having to actually pay anything. As many properties are "under water", or worth less than what the plaintiff is owed anyway, this is a very typical outcome. Apparently, the Plain Dealer is unwilling to fairly report on this."