Things That Slow Down Foreclosure Proceedings
In the state of Florida alone there are approximately 63,000 residential foreclosure cases filed per year. Going through a foreclosure can be a traumatic and emotionally draining experience. Often times individuals struggle to find ways to slow down or stop the process. Fortunately, when fighting a residential foreclosure in the state of Florida, there are several things that can be done to slow down and delay a pending foreclosure lawsuit. Two of the most common options as provided by the Florida State Rules of Civil Procedure are continuances and stays. A continuance is a judge’s order that delays a certain court date during your foreclosure trial. Alternatively, a stay is a judge’s order that places a foreclosure lawsuit on hold; this can be a permanent or temporary hold. When a stay is ordered the proceedings are halted until the stay is lifted by the court.
In order for a continuance to occur, a motion for continuance must be requested by either party. There can be numerous reasons why either side requests a continuance; for instance, a continuance can be requested in the event that the current homeowner needs additional time to gather evidence. Alternatively, a motion for continuance can be requested if the home lender is unable to locate certain documents or necessary witnesses.
Any motion filed before a judge must be accompanied by a valid legal reason as to why the request should be granted. Then it will be up to the discretion of the judge to determine if the requested motion is granted. During the foreclosure lawsuit, either side can file a motion to continue at any time during the case, even during trial.
Like a continuance, a stay is another method by which proceedings will be extended for a period of time. A stay essentially puts the case or part of a case on hold for a predetermined period of time. Either party can file a motion for a stay or a judge can order a stay without the request of either party. Stays come predominantly in two forms; a stay of proceedings and a stay of execution. A stay of proceedings is the postponement of the case or part of the case. This is normally used to give one or both the parties time to comply with an order from the court. A stay of execution is used to put on hold the enforcement of a judgment against the party who lost the case. This can be used to allow the party time to gather the resources necessary to comply with the court order that has been entered.
Do You Need Help?
Fighting a foreclosure lawsuit is a stressful and time consuming experience. A person’s home is likely their most valuable and closely cherished asset, thus, the possibility of a lender foreclosing on the property makes the process all the more painful. If you find yourself facing foreclosure, you need an experienced lawyer on your side advocating on your behalf. At Moran, Sanchy & Associates in Sarasota, our team of attorneys will investigate the facts and provide you with the best possible defense to keep your home. If you are in need of assistance, call 941-366-1800 for a confidential case evaluation.