Thank you for the additional information. If you want to try and cancel the sale and allow more time for the lender to consider a modification, you would need to file a motion and go before the Judge. I have provided the process for you to review below. Moreover, if the basis is to try and obtain the modification, the necessary documents need to be submitted a head of time. Doing this, may trigger the lender to agree to cancel and postpone the sale, until you can be reviewed.
Procedures for Motions to Cancel Foreclosure Sale
Motions for cancellation of sale which require a hearing will be heard by the FMC Court on a walk-in basis. Check-in for this calendar starts at 8:00 A. M. These hearings commence at 8:30 A. M. in Courtroom 3-3. Motions to cancel sale and reset sale must be in compliance with Administrative Memorandum CIV 12-E. Motions to cancel foreclosure sale will be heard by the Foreclosure Master Calendar(FMC) held in Courtroom 3-3, Miami Dade County Courthouse, located at 73 West Flagler Street, Miami, Florida, 33130
To have your motion to cancel sale or reset sale heard, you must:
File your Motion for Cancellation of Sale with the Clerk of the Courts, retaining a copy of the filed motion for your records. Bring this record to court.
Notify all parties on the service list of the motion and the date of hearing. Notice must be given at the time of filing the motion. Do not wait to notify the other parties.
Establish specific circumstances that constitute a genuine emergency. Your motion must be supported by meritorious reasons.
Include a statement as to the history of the case: the date of the summary judgment
, prior sales dates, cancellations and the basis for those cancellations.
If a sale was previously cancelled for loss mitigation, a loss mitigation history and resolution must be included.
Identify a new basis if there have been multiple motions for cancellation.
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