Foreclosure. We received a notice from the plaintiff's attorney to appear at court for summary judgement. We showed up but bailiff advised us the case was not on the calendar, likely because the plaintiffs attorney did not follow the new rules (electronic filing) and therefore the case was not on the agenda. We double checked at a different department and same answer. We viasullay looked at the list and we were not there. Went home. Two weeks later we received a copy of the summary judgement from the attorney- approved by judge- assuming a stamp and not a real signature is acceptable.

If we were not on the calendar why did the judge hear the case and grant the judgement? Was this negligent on the judges part?
We have not received the judgement direct from the court.

We are preparing a Motion to vacate and request a new hearing- is there something else we need to do.

... we received a copy of the summary judgement from the attorney- approved by judge- assuming a stamp and not a real signature is acceptable. ...

Probably a conformed copy. The original signed order is in the court file. The conformed copy is to give you notice that the order was signed.



I am increasingly puzzled why users of this forum ask questions, but refuse to say what state or country they are in. The rules are different in different places.

For example, in some (backward, in my opinion) parts of the country, the judge will not rule on a motion without a hearing. In other places, once a written motion has been filed, after so many days it can be ruled upon. Unless you give us a clue as to where you are, we cannot tell you if the rules for motions have been complied with or not.

And some US states do not even require a hearing for foreclosure, the person being foreclosed can ask for one, but if not, it is all done admin.

And some US states do not even require a hearing for foreclosure, the person being foreclosed can ask for one, but if not, it is all done admin.

Correct. If it's a non-judicial foreclosure, a judge does't even do it.

But I assume OP's situation is a judicial foreclosure.

While it may not have been on the docket that day, it may have been on a later and you were not informed about the change.

As noted, without knowing the rules of procedure for that court, we can't answer why.

But getting the order vacated is only a delaying action. The question is are you behind in your mortgage? If you are, then foreclosure is inevitable.