Step 5: Summary Judgement

At the end of the discovery phase, if applicable, the lender will either file a motion for a summary judgement or set the case for trial. In the case of a summary judgement, the lender seeks a ruling in their favor without the need for a trial. The judge will have to approve this.

If the case moves to trial, it is a more formal process. Both parties present their arguments, and the judge will ultimately make a ruling, if it is a bench trial, which most foreclosures are.