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Can I file a Motion to Cancel and Reschedule a Foreclosure Sale?

Fort Myers, FL |

I agreed with the lenders counsel to a Consent Judgment with the understanding that during the next 90 days the servicer would still work with me on my modification. Sign the judgment was signed the servicer will not speak with me. I am approved for FHHF and HAMP II. All sample forms I see seem to suggest only the lender can delay the sale for loss mitigation reasons.... I have phone records of my attempts and emails to my Loss Mitigation person that have gone unanswered. What can I do to open communication and delay the sale until I get an answer on the modification etc?

I also have an email dated the day after the judgment was issued from the lenders attorney advising me to continue reaching out to my contact at the lender as we discussed

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Filed under: Foreclosure Real estate
Attorney answers 2


You should have a Motion to Cancel the Foreclosure Sale filed immediately. It is improper under the terms of the Attorney General Settlement for a mortgage servicer to proceed with a mortgage foreclosure while an application for mortgage modification is pending. You should consult with an experienced real estate attorney in your area to assist you in this regard.

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I have now read the Servicer Standards of Conduct that were summarized under the National Settlement. Where would one find the exact statute in Florida Civil Code/procedure if there is indeed one? And what would an attorney typically charge just to help draft and file this motion?


I agree with my colleague. You should file a Motion to Cancel the Sale ASAP and set it for hearing. Note that just filing the motion won't get you anywhere. You have to set it for hearing and obtain an order cancelling the sale. You may also want to consider retaining an attorney to help you with this and with the modification. Often times, attorneys get better response rates from the banks than borrowers do. Best of luck!

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