Motion for Summary Judgment

A Motion for Summary Judgment asks the court to decide the case without a trial because the facts are not in dispute.

The mortgage company needs to show that there is no genuine issue of fact that is in dispute, and that the undisputed facts support ruling in their favor.

When responding to a motion for summary judgment, you will need to provide one or more affidavits and supporting evidence to show the court that there is a genuine dispute as to the facts of the case. You cannot simply rely on your Answer for this: you have to submit affidavits and evidence.

You can also write a response explaining your legal arguments for why the court should deny the motion, if you like.

You will need to file your response affidavits with the court and serve them on the mortgage company's attorney before the day of the hearing.

This is a complex motion, and could end some or all of your case without a trial, so it is strongly recommended you seek assistance from a licensed attorney.