Emergency Motion To Stop Foreclosure Sale

Whether you are going through a judicial or extrajudicial foreclosure, you may be able to delay the process by using one or more different tactics, such as applying for a loan modification or the use of a state mediation law. A delay could give you enough time to find a way to avoid foreclosure or to find a solution to the problem that caused you to default on your payments in the first place. If you can’t permanently derail foreclosure, you’ll have a little more time to live in the house while you save to move elsewhere.

Different ways to delay a foreclosure

Some possible strategies to delay a foreclosure include using the maximum time allowed to challenge the foreclosure in court, filing mitigation (avoidance of foreclosure), participating in mediation, and filing for bankruptcy.

Contesting the foreclosure in court

You can delay a foreclosure by challenging it in court, either by filing a response in a judicial foreclosure or filing your lawsuit to stop an extrajudicial one. You must have a legal basis or defense in place to combat foreclosure, e.g., For example, if you believe the servicer has not sent you a required foreclosure notice or has charged you improperly. Servicers and lenders often make mistakes with foreclosures. If the admin made a serious mistake, a court could even force them to start over, further delaying the process.

Judicial foreclosures.

If your foreclosure is judicial, it is easier and cheaper to intervene in the existing lawsuit than to contest a nonjudicial foreclosure. You will likely need help from a foreclosure attorney to determine if the servicer committed a procedural error or violated the law, and to discuss issues in court. While some people choose to file a foreclosure lawsuit response “per se” (without an attorney), most people will need an attorney to file a correct answer and handle the entire case effectively.

Nonjudicial foreclosures.

If you are facing out of court foreclosure, you will most likely need to hire an attorney to file a foreclosure lawsuit.

Mitigation request

Under the Federal Mortgage Service Act, the servicer cannot seek a judgment from a court if you file claim mitigation with your servicer after the foreclosure begins but more than 37 days before a foreclosure sale.

Take part in foreclosure mediation.

Various state and local court systems have established foreclosure mediation programs that offer mediation conferences and mediation for persons in foreclosure. These programs generally involve establishing a meeting between the servicer, the borrower, and a neutral mediator. The parties come together and try to resolve the situation. Generally, the foreclosure will stop while the mediation is in progress. You don’t need to hire a lawyer to represent you in the mediation, but you can use one if you want a lawyer in the process.