Notice of Non-Jury Trial (Mortgage)

[tyler30]

My question involves small claims court in the state of: Florida
due to financial reason, i stopped paying my mortgage about 2 years ago. I just received a Notice of Non-Jury trial. I has no date specified. What does this mean? Do i need to hire an attorney if I need to stay in my home for a little longer? Thanks

[jk]

It sounds like this is a foreclosure hearing. At this point, you have already stayed in the home for 2 years without fulfilling the agreement you signed. Why would you think you have any right to stay any longer?

[tyler30]

It sounds like this is a foreclosure hearing. At this point, you have already stayed in the home for 2 years without fulfilling the agreement you signed. Why would you think you have any right to stay any longer?

I'm not ready to move yet due to various reasons, but let's not go there.
I was wondering if i have to attend the trial, what if i don't? how come there is no date on the Notice? Would the outcome be different if i hire a foreclosure attorney?

NOTICE IS HEREBY GIVEN, pursuant to Florida Rules of Civil Procedure 1.440, that this action is now at issue and ready to be set for non-jury trial. It is estimated that this matter will take approximately fifteen to thirty minutes.

[jk]

Florida Rules of Civil Procedure

RULE 1.440 SETTING ACTION FOR TRIAL
(a) When at Issue. An action is at issue after any motions directed to the last pleading served have been disposed of or, if no such motions are served, 20 days after service of the last pleading. The party entitled to serve motions directed to the last pleading may waive the right to do so by filing a notice for trial at any time after the last pleading is served. The existence of crossclaims among the parties shall not prevent the court from setting the action for trial on the issues raised by the complaint, answer, and any answer to a counterclaim.


(b) Notice for trial. Thereafter any party may file and serve a notice that the action is at issue and ready to be set for trial. The notice shall include an estimate of the time required, whether the trial is to be by a jury or not, and whether the trial is on the original action or a subsequent proceeding. The clerk shall then submit the notice and the case file to the court.


(c) Setting for Trial. If the court finds the action ready to be set for trial, it shall enter an order fixing a date for trial. Trial shall be set not less than 30 days from the service of the notice for trial. By giving the same notice the court may set an action for trial. In actions in which the damages are not liquidated, the order setting an action for trial shall be served on parties who are in default in accordance with rule 1.080(a).


(d) Applicability. This rule does not apply to actions to which chapter 51, Florida Statutes (1967), applies or to cases designated as complex pursuant to rule 1.201.

sounds like section (b). After that, if no objections are entered by you, I suspect section (c) would allow the judge to set a date for the trial. That means you should have at least 30 days from service of this notice before there is a trial.

can a lawyer help you delay the action? Maybe. Just not enough info to know. Will spending a couple grand on a lawyer help you or would that money be better spent on relocating?