Foreclosure sale date ?
Is there any thing can be done to file some kind of motion to delay the sale
One attorney is telling me he will file a motion to stop the sale date and asking 2500 to do it somekind of lis pendes /appeal on the denial by the judge on the motion to cancel the foreclosure sale date
I am confused need some kind of additional information
6 attorney answers
If you are involved in litigation, you should listen only to your lawyer, and you should NOT be seeking legal advice here on line. This basic Q and A forum is not intended as a "how to litigate" blog. As such, you just ask the lawyer you spoke with for a better explanation - have him or her put it in WRITING - or jsut seek another lawyer. That said, based on the facts you have posted, it appears the attorney is suggesting you "appeal" the Court Order Denying your request to cancel the sale date? if so, to be effective, one would also have to seek and secure a "stay" of that Order (grounded in the appeal), and perhaps collaterally challenge the legality of the underlying Order setting the date - and seek a stay from that Order - as well. The starting point would be a Motion for Rehearing to help set the record. While a trial judge has great discretion to set the date (within statutory parameters and those imposed by the Rules of Procedure of course), if there were sufficient - and persuasive - grounds to support the denied motion - and BOTH the plaintiff and defendant AGREED to, and joined in the Motion) that could be considered an abuse of discretion - depending on what rational the judge provides (if any) for the denial. The only thing I might add, having done many, many, appeals over the years, $2500 sounds a LOT low. My guess that is just a RETAINER to START. Be sure you retain EXPERIENCED appellate counsel. It might cost $2500 just to determine IF you have an appealable error. So be sure you clarify that as well. Hope this helps. gsg
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Judges have wide discretion to deny the cancellation of a foreclosure sale. Since the judge already denied it, I don't know why an attorney would accept representation to file another motion. Bankruptcy provides an automatic stay upon filing (with some limitation). Contact a local attorney to determine if bankruptcy might be an option for you.
There is no way to answer your question without an understanding of exactly what has gone on, and what the basis would be for a new attack on the sale date. It is possible that something could be done, but without knowing more there’s no way to say. The best thing for you to do if you’re confused is to ask for elaboration from the attorney you spoke to, so that he or she can address the confusion that you are feeling, and you are of course free to seek other opinions from other attorneys. As has already been mentioned, A Chapter 13 bankruptcy stay normally definitely stops a foreclosure sale, unless you are someone who has filed multiple cases.
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.
The only surefire method of getting the sale stopped is the automatic stay of the bankruptcy court. If you do not understand what attorney is proposing to do, they consult with a different attorney who specializes in foreclosure defense and bankruptcy and who can explain to you what they are going to do and why they are doing it.
Any answer provided on the AVVO website is for informational purposes only and does not constitute legal advice for your specific situation. You should always seek legal advice before taking any action which may affect your future rights. Your local legal aid office may well provide information or access to free legal advice and your state bar organization may provide referrals to reputable attorneys who will provide advice on a reduced cost basis.
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There is no way any attorney can provide a complete analysis based on the facts. Are you going to accept the advice and recommendation of a faceless lawyer here?
Your action should be to consult with a lawyer directly
Changing to correct practice area of Foreclosure. Without knowing more, it is difficult to say. Judges often place a limit on how many times a sale can be canceled. You need to consult with an attorney and get an analysis of the actual facts of your case.
Answers are based on the quality of information provided in the question, do not establish an attorney-client relationship, nor provide a comprehensive solution. They provide procedural guidelines, and not substantive legal advice. Consult a local attorney in person for such advice.