If I have been in a foreclosure for over a year, what can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have been in a foreclosure for over a year, what can I do?
I have been working with the so-called “lender” for 6 months to get my loan fixed. Then they started foreclosure and I got a complaint. I found many issues, so I filed an answer with over 10 areas of concern with the judge over a year ago. I spoke with the judge and he said won’t rule until the issues have been answered. The attorneys on the case just keep moving the sales date. I am trying to work out a short sale but it isn’t working. Can I just filling a motion for summary judgment and get the case dismissed? Or will that make the over worked attorneys move faster on me to do the same?
Asked on December 16, 2010 under Real Estate Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
On what basis would you making the motion for summary judgement? Are you in default of your mortgage? So the foreclosure proceedings are viable as a cause of action. And what is holding up the discussions or hearing on the issues in your answer? That is what I would make a motion about. A motion for a hearing on the issues. That is the only way that you can move the matter along in a direction favorable perhaps to you. And make sure that you ask for a stay of foreclosure until such time as the hearings are completed. And maybe consider speaking with a good lawyer on all of this. It may be time at this point. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.