Notice of Motion on Foreclosure

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Icon Mini Profile lynette_i_boswell





Joined: 08 Jul 2009

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Post Posted: Wed Jul 08, 2009 5:41 am    Post subject: Notice of Motion on Foreclosure
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What are my options for Notice of Motion of a foreclosure on a Rental Property I inherited from my mother?
Icon Mini Profile savior70





Joined: 25 Mar 2009

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Post Posted: Thu Jul 09, 2009 6:13 am    Post subject:
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Hi

The lender's attorney files a notice of motion requesting the court to pass a foreclosure judgment. The state laws regarding the foreclosure vary from state to state. But usually, you have around 60-90 days to reinstate your mortgage by paying all your mortgage dues and fees etc. The notice also mentions the date when you need to appear in the court. After you receive the notice, you have a few options.

1. You can either request for a continuance to hire a lawyer. This allows you time to get assistance from a lawyer and represent your case through him/her.

2. You can ask for some more time so you can file an 'appearance' and 'answer'.

But if you fail to have any defense to the foreclosure, the court can enter a foreclosure judgment against you. If you cannot reach any agreement with the mortgage holder, the court will order a foreclosure sale of your property.
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