A few months ago I received a call from a client who had a foreclosure sale date five days away. I pulled up her docket and saw the worst possible information. The bank had filed their own motion to cancel two separate times and had both motions denied. This was not good news. My client had an attorney representing her who simply told her, "there is nothing we can do." In reality, that attorney was saying it would be too hard to try, or they did not have the fight/skill to get the job done.
I was retained as counsel and filed a very detailed motion to cancel the foreclosure sale. I called the Judge's assistant to schedule a hearing and she told me that a hearing would likely not be necessary, that the judge would probably deny our motion. However, I believed differently as I took time to make sure this motion showed the judge that we were taking this very seriously, and the right thing to do would be to give my client more time to work on her modification.
The afternoon before the foreclosure sale I received a call from the Judge's assistant. She stated, "Well, the Judge is going to cancel the sale and reset the sale for 120 days out." This brought me sheer joy. Calling my client to announce the news brought her to tears of happiness. She could not have been happier for the fight we gave. This gave my client the requisite time needed to complete her loan modification, and stay in the home she loved so dearly.
I do not write this blog to guarantee you that I can get a sale cancelled. However, I do write this to let a homeowner know that it is never too late before a sale to try and save your home. Hiring an attorney that actually cares and is willing to go the extra mile will make the difference between staying and being kicked out.
If you have a sale date rapidly approaching, call Haynes & de Paz, P.A. for your free consultation. We will try and get you the same result we received for the client mentioned above.