Probate Foreclosure Case
A March 31, 2001 appeal sheds light on heirs at law dealing with a foreclosure case. In Florida, lots of wealthy people die. Sometimes, for whatever reason, there is a foreclosure case. That’s not the end of the world. Heirs can still inherit. Remember. Foreclosure cases are only the lender saying “hey, I want to get paid.” Sometimes, because the homeowner is dead, mortgage payments are missed. That can innocently cause the property to go into foreclosure. That does NOT necessarily mean that the heirs lose the house. And it does NOT mean that the family loses all that money. To the contrary, if you have a good probate litigator. Many times, EXPERIENCED, TOUGH FLORIDA PROBATE LAWYERS can negotiate for you and work through the foreclosure. The goal is to try to get an inheritance for beneficiaries and family members. Yes, HEIRS can inherit. Anyway, read this Florida Appeals Court opinion about a motion for a continuance and a probate foreclosure case.
The owner of the Florida residence died. He had a reverse mortgage on the property. The lender sued. The heirs responded. They mediated their case. They settled. There was actually no probate opened to clear the title. They wanted to open a Florida Probate. But here’s where the interesting part of this Probate Foreclosure Case is. No one continued the trial. This 2021 2nd District Court of Appeal opinion sheds light on seeking a continuance from a trial. You have to file a motion for a continuance. And, if the court DENIES the continuance of the trial, do you know how to appeal?
Motion for Continuance
Normally, if the parties settled and let the Court know there was a settlement, everyone is happy. After all, you saved thousands of dollars in legal fees that would have been spent at trial. When you need extra time, Florida Probate Lawyers file a motion for continuance. The rules for a continuance are straightforward. Now, admittedly, a continuance is harder to get when a trial is scheduled. That’s understandable. But this case settled. It could have been over. But the trial was not continued. A motion for continuance was made on the trial day and denied. Whether or not a trial court abuses its discretion in denying a motion to continue the trial depends on THREE FACTORS. To learn about those, you can click on the case of James B. Nutter & Co. v. Unknown Heirs.