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I am in a foreclosure situation. Today was the last day to…

I am in a...

I am in a foreclosure situation. Today was the last day to redeem. The lender is asking for an order for conduct of sale. I am not sure what happens next.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. I don't know what I can do.

Lawyer's Assistant: Where is the property located?

Vancouver

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I really want to know what to expect and how the process will play out.

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Answered in 3 minutes by:
3/27/2018
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 335
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - what specifically is your question and ideal outcome?

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Customer reply replied 26 days ago
I Well I have 3 mortgages. the The first foreclosure last day for redemption was yesterday. the amount is 13,682. and petitioners cost to pay that off. I can actually pay that but I need to know the petitioners cost. There are is a first and second mortgage prior to this one and there were foreclosure proceedings started on both of those as well. But they were served to me later than the first one (for 13,682) . I would like to pay the first one and then try to sell my house. They are applying for a conduct of sale for tomorrow morning. I spoke to the lawyer for the other side. He said I need to pay off all 3 mortgages at once. I think my house will be sold for significantly under value and I would like to try and stop it if I can pay the mortgage where the last day to redeem was yesterday (but I was told I can pay before the conduct of sale is approved) So I need to know if paying off this mortgage will delay the conduct of sale.
Customer reply replied 26 days ago
Sorry, I cannot afford the phone call! can you answer in writing? Thanks

Okay thank you for the information - yes, paying off that mortgage can delay the conduct of sale. Once that mortgage is paid you will be able to work with the other side on the other 2 mortgages. If the other side is being difficult you can also file an emergency motion in court to stop the sale as your situation and the facts have changed.

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Customer reply replied 26 days ago
If I send in what I owe for the first mortgage today can I send them a bank draft?
Customer reply replied 26 days ago
How do I file an emergency order?

Yes you can send them a bank draft - i would hand deliver or send by certified mail. An emergency motion can be filed at the clerks office of your local courthouse.

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The title of the motion would be emergency motion to stop conduct of sale - or emergency injunction to stop conduct of sale. Then include that you have paid one of the mortgages off.

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Customer reply replied 26 days ago
I am working today till 4 pm and this happens at 945. How do I find out the exact amount for just the first mortgage with the etitioner cost? I asked for and they said they woud get back but I have not heard from them yet. Could I file that motion today before 5? or do I wait until after? The last notice of application copy they sent me listed that mortgage at 14,564. would that be the petitioner costs?
Customer reply replied 26 days ago
945 tomorrow morning

Without seeing the paperwork and speaking with the lawyer I would not know what the exact number is ***** I would continue to call the lawyers office or the bank, whoever you were speaking with. You can file an emergency motion tomorrow morning.

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Customer reply replied 26 days ago
Ok, is there anything else you would advise me to do? Once I file that motion is it possible it will go ahead anyway? Can the motion be denied tomorrow?
Customer reply replied 26 days ago
I mean is it possible the application for coduct of sale will go through anyway tomorrow?

It would be very uncommon for the motion to be denied same day - that would be everything to do

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Customer reply replied 26 days ago
Does it cost money to file the motion? Any advice for getting legal aid?

Legal Aid is always an option but depends on their case load and availability. If there is an open foreclosure action there will not be a filing cost.

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Customer reply replied 26 days ago
ok, could I hand deliver the money to the court tomorrow if I cannot get to the lawyers office today?
Customer reply replied 26 days ago
or if I cannot get the petitioner costs can I send them the mortgage money until they give me the amount for the petitioner costs?

Generally speaking that would be okay - but I could call the lawyers office until you speak to someone.

DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 335
Experience: Partner at McCollum Hodgkinson, P.C.
Verified
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DanLegal
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 335
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Experience: Partner at McCollum Hodgkinson, P.C.

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