Litigation, Foreclosure Defense and Emergency Orders to Show Cause

           One response to a foreclosure proceeding is to litigate with the mortgage holder. Our firm can help the client answer the summons and complaint that initiate the foreclosure proceeding. This needs to be done within 20-30 days after service of the summons and complaint. Such answer is one out of several documents that are usually filed as part of a foreclosure defense. Other documents include a motion to dismiss, if applicable, and a response to a motion for summary judgment. At the end of a foreclosure proceeding, before a foreclosure sale date takes place, our firm can represent the client with an Order to Show Cause to stay the foreclosure sale.

          Defending the foreclosure proceeding allows the client to assert any defenses they may have to the manner in which such foreclosure was initiated or as to other issues involving the mortgage. A foreclosure defense also gives the client and our firm notice as to the status of the foreclosure proceeding and prolongs the proceeding. In some instances a client may have a strong defense, which may cause a foreclosure action to be dismissed.  If there are legal issues with your mortgage and/or with the foreclosure action that are either substantive or technical in nature, defending the foreclosure action can result in more time in the foreclosure process to find other solutions. 

          If the client retains the Law Office of Ronald D. Weiss in the early stages of the foreclosure, the Plaintiff's Summons and Complaint can be answered and other documents responded to, resulting in a contested proceeding that will protect the client'
s rights, allow the client to receive all notices and documents, and enlarge the time necessary for the mortgage holder to proceed with its foreclosure case.  Even if you are past the 20-30 days available to answer after receipt of service of the Summons and Complaint, the Law Office of Ronald D. Weiss P.C. can move to enlarge such time under appropriate circumstances.  As the foreclosure litigation progresses the Plaintiff'
s other papers, including the Motion for Summary Judgment, can be opposed. 

          If a foreclosure has proceeded to a foreclosure sale, an emergency Order to Show Cause, in the appropriate circumstances, can stay the foreclosure sale and/or the transfer of the deed.