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Can the bank stop a foreclosure up until the day before the sale??

Ocala, FL |

if you are served with foreclosure paperwork can the bank still stop the sale??

Attorney Answers 4


  1. The abswer is YES!

    The question, however, is whether you or the person who was served already consulted with a local foreclosure defense attorney.

    I strongly urge you / them to find a local foreclosure defense lawyer and discuss the case at length with her /him. You will find that many attorneys are willing to provide a free initial consultation so that you / they can explain your / their situation and they will let you know at that time, not only their opinion and how to try to take care of the problem, but also how much it will cost.

    Best of luck to you!

    David

    David A. Donet, Esq.
    Miami, Florida


  2. As Mr. Vos and Mr. Donet stated, the answer is "Yes".

    A couple of general observations for consumers in order to encourage homeowners to conduct a thorough search for experienced counsel as soon as possible.

    Consult with an experienced foreclosure defense attorney immediately after you are served with the foreclosure complaint. (This means BEFORE your response to the foreclosure action is due!). (There are attorneys who can help although there are not many of them and it requires extra effort to identify them.)

    If the Court has set a sale date, the Court has probably entered an order granting the mortgage company's motion for summary judgment.

    Although a consumer "could" possibly set aside a Summary Judgment, the chances of successfully doing so are not favorable and / or the extra effort required to do so would require an attorney to devote substantial time to this "special" matter which arose because the homeowner procastinated until the last possible moment.

    Such homeowners usually end up losing their homes or filing Chapter 13 bankruptcies to cure the default. But, the state court order estabishing the amounts owed to the mortgage servicer is binding upon the consumer who subsequently files for relief in bankruptcy court.


  3. Yes, the lender is in complete control of the sale date. You can usually also stop it with a timely bankruptcy filing, at least temporarily. Whether this makes sense for you or not depends on all the details of your situation. You should consider consulting a bankruptcy attorney who handles Chapter 13 as well as Chapter 7 to see if it makes sense for you.

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