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Jack R.
Jack R., Lawyer
Category: Real Estate Law
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Experience:  Mediator, part of the Ohio Save the Dream Foreclosure project
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I am in the Circuit Court of Montgomery County. I am fighting

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I am in the Circuit Court of Montgomery County. I am fighting a case.
I was granted a trial and the other side won. I did a motion to reconsider and that was now denied.

Reluctantly I state that this is a foreclosure case. I want to appeal their decision and request the court that decided against me to wait until the court of appeal rules on my request.

How do I get them to wait until the court of appeal decides on my motion / case?

If you need to know my argument I can share. I am not in default to the party seeking to foreclose. There is no argument against a real holder , holder in due course. My argument is not againts the real party of interest.
In order to initiate an appeal, a notice of appeal must be filed in the trial court within 30 days after the entry of judgment. You will need to draft and file an Notice of Appeal to inform all parties an Appeal is being instituted. You will then need to follow a number of steps to properly have your appeal filed and heard.

In order to stop the execution of the foreclosure you will need to file a motion to stay the execution of judgment pending appeal. This will normally require a bond to be posted in an amount decided by the judge while and until the appeal is heard. In your motion you can request that bond be waived. Depending on the facts of the case and the amounts owed a Court could consider a nominal bond.

Filing your appeal requires a number actions that must strictly be adhered to. Any deviation from the appellate process can be the basis for the appellate court to refuse to hear your case. You would be well advised to consult local counsel to develop the appellate brief, motion for stay of execution of judgment and completion of the appellate process.

Note in order to appeal the Court's ruling you must have objected to facts, or procedural actions during the course of the trial. These objections must be included in the record of the trial. An appellate court will reconsider very few types of issue for which no objection was raised. By failing to raise the objection at trial the appellate court will determine you waived your right to object during the appeals process.

I am not sure exactly what you are arguing but foreclosures typically have as defendants multiple parties that are not the holders of the note, or owe money to the foreclosing entity. For example, the taxing authority, or other lien holders are also defendants in a foreclosure action, but do not owe any money or obligation to the foreclosing party.

Here is a sample' of a Motion to Stay Pending Appeal. It is a little more elaborate than what you need but you can get the gist of what you need to do.

http://www.scribd.com/doc/19082418/FOP-v-PG-County-Motion-for-Stay-Pending-Appeal-3


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