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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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How do you file a written demand to delay the sale of home?

Customer Question

how do you file a written demand to delay the sale of home?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: iowa
JA: Has any paperwork been filed?
Customer: I received something today. it also states the plaintiff hereby elects to waive its right to a deficiency judgement against myself and its seeking a judgement solely in rem against the subject real property described below.
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of. I have been waiting for them to file something I just need to be sure I know how to file that written demand and what that statement means
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 months ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Expert:  CalAttorney2 replied 2 months ago.

I am sorry to learn of this matter.

To start with, the notice you received means that the mortgage company is willing to forego its right to sue you personally for any deficiency (meaning if the home sells for less than the value of the loan, the bank will not sue you for this money - the bank has a right to do so, and if it enforced this right not only could it foreclose on the property, but it could pursue you personally for a cash debt long after the foreclosure/eviction).

With regard to submitting some motion to the court to stall the sale of the home, it really depends on what stage of the litigation process you are in (understand that there isn't a single mechanism to "demand the delay of sale" - but if you choose to appear in court and contest the foreclosure sale you can do so - if you haven't already, this often has the effect of delaying the sale of the home).

You can also consider filing for bankruptcy protection, this will not stop the sale of the home, but it will stall the sale (the bank would have to go to the bankruptcy court and file a motion for "relief from stay" to continue its state court action - so this can add a couple of weeks to the process).

Do you have any defenses to the foreclosure action on its merits? (Meaning, did you actually pay the debt, but they didn't credit you for it? Or did the bank actually violate some lending law in a way that made a material difference to your home purchase (many borrowers want to defend a foreclosure on a technicality, this doesn't work - but if you can show that the lender broke some federal lending statute - such as unfair lending practices which led directly to your default, you may have a chance - if this is the case, hire a lawyer, see if you can find one that will handle your case on a "contingency fee" basis).

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