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Courts rarely vacate foreclosure sales

Today many people are unable to keep up with their mortgage payments. As a result, the lender or the bank is stepping in and foreclosing on the property. A lender recently foreclosed on property when the borrower defaulted on his mortgage payment. The borrower wanted to “vacate the judgment of the foreclosure and the sale, and the borrower requested a leave to discontinue the mortgage foreclosure action” so it made a motion to do so, as reported by the New York Law Journal in a March 27, 2013 news article.

The court held that it was too late as the only thing left in the process was the “actual foreclosure sale.” If the borrower had alleged that the judgment or the referee’s order was “fraudulent,” then there might be a possibility that the court would have stayed the sale. However, if one does not challenge a judgment of foreclosure or a referee’s order as being false, then he or she does not have a real problem with either and the court will rarely grant a stay unless the party can show a substantial harm if the sale proceeds or some type of hardship.

If the courts allow people to challenge a judgment of foreclosure or a referee’s order, without a significant reason, then more and more people will challenge either of these for the sake of doing so. As a result, more and more cases will be pending in court, and this will burden the court calendar and create unnecessary litigation.

If you are facing difficulty paying your mortgage or another financial challenge, then you should consider bankruptcy. Jayson Lutzky, a Bronx, NY attorney offers free in office consultations. With 30 years of experience practicing law, he can help you determine if bankruptcy is right for you. Call 718-329-9500 or visit www.MyNewYorkCityLawyer.com for more information.

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