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Ray
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Experience:  30 years in civil, probate, real estate, elder law
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How to file motion to stop Foreclosure sale, which is scheduled

Resolved Question:

How to file motion to stop Foreclosure sale, which is scheduled on October 4, 2011.
I have applied for loan Modification with my lender.
Submitted: 5 years ago.
Category: Legal
Expert:  Ray replied 5 years ago.

RayAnswers :

Thanks for your question and good evening.Here is sample here of a motion to challenge jurisdiction here--force them to produce the note.

RayAnswers :

Here is a form packet--there is a charge but you may want the editable ones so you can edit your responses.

RayAnswers :

Consider bankruptcy here as a means to stop the sale.Chapter 13 might allow you to stop this and save your home.

RayAnswers :

Reference

RayAnswers :

Florida Chapter 13 Bankruptcy Information


Under a chapter 13 bankruptcy, a debtor proposes a 3-5 year repayment plan to the creditors offering to pay off all or part of the debts from the debtor's future income. You can use Chapter 13 to prevent a house foreclosure; make up missed car or mortgage payments; pay back taxes; stop interest from accruing on your tax debt (local, Florida state, or federal); keep valuable non-exempt property (see Florida exemptions); and more. If you can stick to the terms of your repayment agreement, all your remaining dischargeable debt will be released at the end of the plan (typically three to five years). The amount to be repaid is determined by several factors including the debtor's disposable income. In addition, the total amount paid to creditors under the Chapter 13 plan must also be at least as much as creditors would have received if the debtor filed a Florida Chapter 7 bankruptcy. To file Chapter 13 bankruptcy you must have a "regular source of income" and have some disposable income to apply towards your Chapter 13 payment plan.


Chapter 13 bankruptcy is generally used by debtors who want to keep secured assets, such as a home or car, when they have more equity in the secured assets than they can protect with their Florida bankruptcy exemptions. Chapter 13 bankruptcy is a reorganization whereas Chapter 7 bankruptcy is a liquidation.


A chapter 13 bankruptcy allows them to make up their overdue payments over time and to reinstate the original agreement. Also, where a debtor has valuable nonexempt property and wants to keep it, a chapter 13 may be a better option. However, for the vast majority of individuals who simply want to eliminate their heavy debt burden without paying any of it back, Chapter 7 provides the most attractive choice.

RayAnswers :

Free forms

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

Customer:

When plaintiff filed, the note holder was MERS (Mortgage Electronic Registration System). In a while they have presented the note. I mentioned this fact at court hearing, but judge ignored it... I have judgement about Foreclosure sale. Can I request to stop Foreclosure sale because I applied for loan modification and need time, that my lender have time to review my documents and process my modification ?

RayAnswers :

Thats the judge's call.Since you are in default here the court can decide to allow the foreclosure.Chapter 13 is the one sure way to stop foreclosure.Anything else is hit or miss.

Customer:

Thanks.

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