Following the filing and service of the complaint, it's time for the judge to decide what occurs next. After consideration of the facts of the case, the judge makes the decision. The vast majority of foreclosure complaints end in summary judgment for the plaintiff (the lender).

Foreclosure complaints are made to order for a summary judgment. It all comes down to those monthly payments and whether the borrower made them or not. Summary judgment is likely — in favor of the lender and against the borrower — in the vast majority of foreclosure cases.

Appearing in Court

The borrower is entitled to his day in court. To appear before the judge, the borrower must file a timely answer to the foreclosure complaint. Within the complaint, the borrower (now the defendant) must raise questions and challenge the facts as stated by the lender (plaintiff). In other words, the defendant must raise a legitimate defense.

Should the defendant fail to respond to the complaint, judgment is routinely entered against the defendant and in favor of the plaintiff.

A summary judgment is based upon a motion by the plaintiff that contends that all necessary factual issues are settled or so one-sided that they do not need to be tried. In foreclosure cases, the facts are simple: the defendant borrowed money, agreed to pay it back in monthly payments, and has not done so. Unless there is an issue of fact (the defendant, for example, provides copies of canceled checks showing the payments), summary judgment is entered.

The Judge's Order

Unless there is some factual dispute and legitimate defense, the assigned judge will enter judgment against the defendant. As part of that judgment, the court will direct the property to be sold. In many jurisdictions the sale is conducted by the county sheriff.