Yes. There are a number of ways that a homeowner can stop a foreclosure sale.
Order To Show Cause
A homeowner can petition the Court to stop a foreclosure sale by filing an Order to Show Cause.
A homeowner can also include a request for a Temporary Restraining Order (TRO) to stay (stop) the foreclosure sale, any pending litigation and prevent the Referee from transferring the homeowner’s deed. A homeowner must establish good reasons why the Order to Show Cause should be granted.
The Court has held the following to constitute good reasons to grant an Order to Show Cause and stop a foreclosure sale:
- You have a valid legal basis to vacate the judgment of foreclosure and sale and litigate your foreclosure action;
- You are in the middle of refinancing your home with a loan that will cover the mortgage and other costs;
- You have submitted a complete loan modification application and awaiting a decision, or, are in active loan modification negotiations; and
- You have executed a contract of sale with a buyer to purchase your home.
Another way that a homeowner can stop a foreclosure sale is to file for Bankruptcy.
A bankruptcy filing immediately stops a foreclosure sale.
Once you file for bankruptcy, an automatic stay immediately goes into effect. An automatic stay is an injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy.
Under section 362 of the United States Bankruptcy Code, the stay begins at the moment the bankruptcy petition is filed. In short, the injunction prohibits your mortgage lender from foreclosing on your home or otherwise trying to collect its claimed debt.
Consequently, all foreclosure proceedings cease during the bankruptcy process. The automatic stay serves as a valuable tool that provides a homeowner with the time necessary to save his home and further explore loss mitigation options with their mortgage lender.
Contact A New York Foreclosure Attorney
Our office zealously fights on behalf of homeowners and guides them through all stages of the maze-like foreclosure process. For representation by an aggressive and knowledgeable New York Foreclosure Attorney, contact attorney Bruce Richardson for immediate assistance with saving your home.