I am concerned that the HOA will fight the extended sale aggressively and that the judge will not approve it. If I go to the judge after a deal with the bank in a couple of weeks and the judge throws out or reduces the 90 day agreement between the bank and I, can I withdraw the consent to judgment? I am going to ask immediately for a continuance to find a new attorney because mine just withdrew. Is there a way to ask the judge to either agree to a continuance to acquire a new lawyer for trial or agree to a 90 day extended sale in exchange for consent to judgment if the bank agrees?
What do you want to do with the home? If you want to work out another option - like a loan modification or short sale you may not have to consent. Be sure, that if you do consent, you have asked for a deficiency waiver. Failure to do so can make you liable on the debt after you have consented and a judgment has been entered against you.
Generally a consent is deemed as a settlement. A lot of judges throughout the state enforce them to get cases out of their court room. If you were to consent, you would essentially be ending your case. I recommend meeting with an attorney and retaining one to represent your interests in the settlement talks - this can be the difference between finishing the suit and having to file a bankruptcy years, if not months, after the judgment was entered.
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There is no simple answer to your question. The judges in Palm Beach County however are extremely uncooperative with foreclosure defendants. You don't say how far off the trial is, however you might do best to file some form of bankruptcy prior to the trial. Unless you are a serial filer, you will get a bankruptcy stay, the trial will probably not occur when scheduled, the issue of an extended sale dat will be moot for now, the HOA will have nothing to say about it, and you will likely have a whole new set of options.
However,with all that said, please choose an attorney who is extremely knowledgable in financial services law and mortgage workouts, as well as the Southern District of Florida Bankruptcy Court LMM PROGRAM, not just cookie-cutter bankruptcy.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
Real Estate Attorney
The courts are extremely liberal in granting extensions, even if the HOA attorney objects. Just make sure you have a qualifiable loan mod or short sale in the banks hands and proof of it at the time of going to court as the Judge will ask for proof of your loss mitigation.
You present two separate issues; 1. if you can request a continuance of the trial because your former attorney withdrew. You may always request a continuance, however, the chances of actually being granted one will depend on how much, if any, time the Judge who granted your former attorney's withdrawal gave you to get new counsel. If that time has come and gone your chances are slim to none. However, if the time granted to get new counsel has not expired and the trial date is within that time period, you have a fair (not guaranteed) opportunity of being granted a continuance based on your former counsel's withdrawal.
In regard to your fear of the Court disapproving the your agreement with the Plaintiff to Consent Judgment in exchange for an extended sale date, it is unlikely the Judge would disapprove such an agreement. Judges tend to like Consent Judgments.
You should consult and retain a foreclosure attorney.
Please note the information provided herein is for general information purposes only. The information is not intended to create an attorney/client relationship and does create an attorney client relationship.