How to File a Motion to Delay Foreclosure
When you are on the verge of foreclosure, saving your home is top priority. After exhausting all options to stop the foreclosure, consider delaying the foreclosure. Utilize the extra time to make alternate arrangements, such as saving for a rental home or gathering the funds to pay the delinquent loan balance. To delay the foreclosure, you will need to file a motion with the court. Remain in your home throughout the process. If you abandon the property, your motion can be denied.
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Instructions
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Check your state laws. The foreclosure process varies from state to state. In certain states, foreclosures are not even executed through the court.
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Respond to any letters from the court, lender or the lender's attorney. Communication is essential when trying to save your home. If you do not respond to the foreclosure notice or summons within the specified amount of time, you will be unable to receive assistance from the court.
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Request mediation, if possible. Under some state laws, foreclosure mediation must be offered to any homeowner in foreclosure. The mediation session allows you to meet with your lender and a third party to discuss prevention methods. Although this is not a motion to delay, scheduling mediation usually delays the foreclosure. California, Connecticut, Florida and Maryland are a few of the states offering mediation to homeowners.
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Obtain the proper paperwork. The name of the forms you need may differ, depending on your location. Ask the court clerk for a petition to delay or dismiss the foreclosure. Some states allow you to challenge the foreclosure, which delays the process.
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State the reason you are challenging or delaying the foreclosure. Provide accurate information only. Include the loan number, lender and your basic personal information.
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File the motion at your local courthouse. A small filing fee may be required.
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Seek legal aid. Pro bono attorneys specializing in fighting foreclosure can assist you with the process. If you are low-income homeowners, apply for service through your local legal aid agency. To locate an agency near you, visit the U.S. Department of Housing and Urban Development (HUD) website.
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