Wednesday, July 8, 2009

Facing Foreclosure? Need To Buy Some Time? Simply Go Into Court & Ask For It

In Sarasota, Florida, the Sarasota Herald Tribune recently ran a story on homeowners facing foreclosure being urged not to abandon their homes but, instead, to stay put and fight back. The following excerpt shows how easy it was for one homeowner in Florida (a state that requires lenders to file a court action in order to foreclose on a home) to buy at least six months time by simply filing one document with the court in a foreclosure action:

  • [E]ven homeowners who cannot afford an attorney have been able to successfully buy more time. Many of the required documents can be found online. One Manatee County couple simply asked for a 45-day extension to file an official response to the foreclosure.(1) Six months later, the court finally heard arguments on why they might deserve the extra time.

For the story, see Attorneys advise clients to stay in their homes.

(1) A legal document known as a Motion to Enlarge Time is often used by homeowners and their attorneys to request additional time to file an official response to a foreclosure lawsuit filed against a homeowner. Go here for a sample of a Motion to Enlarge Time. This request for additional time should be filed within 20 days of being served with a foreclosure lawsuit.

Go here for other links to Sample Foreclosure Defense Legal Documents that some use when fighting foreclosures. EpsilonMissingDocsMtg

No comments: