If the bank is processing foreclosure paperwork for non payment or delay payment by the homeowners against their mortgage, what course for action you have to escape from banks foreclosure? You can move a step ahead of the bank for foreclosure lawsuit by filing a Motion to Dismiss, which will delay the foreclosure proceeding till ruled by the judge in the case.
Motion for Additional Time is quite common among homeowners, who have mortgaged their property to the bank or lender. It is usual practice for the bank or lender to start court proceedings for the foreclosure, which may lead to auction of the house. In such cases, where the banks or lenders takes the court proceeding to auction the house by filing the law suit in the court, the homeowners have to file an answer to the lenders lawsuit, the homeowner can introduce Motion for seeking extra time for their answer, thus stalling the entire foreclosure proceeding until the judge gives his ruling against the motion.
It is also to be noted that, when the bank or lender opt for foreclosure lawsuit, the homeowners gets 20-30 days, within which they need to file their answer. The answer provide them an opportunity to prepare their defense for refuting the claim of the bank, move any affirmative defense and state any relevant claims against the lawsuit. Such course of action usually put the bank in a defensive position and put question mark on their ability to bring law suit in the first place.
Homeowners also can take the course of Motion to Dismiss before answer proceeding starts in the court. This process offers homeowners extra month or more as per the judge’s ruling on the bank’s foreclosure lawsuit against the property of the landowner. If the ruling of the judge is in favor of Motion to Dismiss, then as per Federal rules of Civic procedure, it is also not necessary to file the answers till the ruling by the judge.
Below given Motion to Dismiss can help you in preparing your own Motion for filing in the court for ruling of the judge:
Motion for Additional Time
IN THE COURT OF COMMON PLEAS OF ______________ COUNTY,
State _______________________
Case No ___________________
Plaintiff
vs.
Defendant/Homeowner____________________________
Judge ___________________
MOTION FOR ADDITIONAL TIME TO ANSWER OR OTHERWISE PLEAD
Based on your mediation resources, choose one of the following (or create your own) and delete the other(s):
Defendant/Homeowner respectfully requests that he/they be given an extension of time for 30 days from the date the complaint was served to move, plead or otherwise respond to this complaint.
OR
Defendant/Homeowner respectfully requests that he/they be given an extension of time for 30 days (or as otherwise determined appropriate by the court) from the date the complaint was served to move, plead or otherwise respond to this complaint.
OR
Defendant/Homeowner respectfully requests that he/they be given an extension of time for [insert the number of days best for your court as the standard number of days such as the first option list above with 30 days as the standard] days from the date the complaint was served to move, plead or otherwise respond to this complaint.
____________________________
____________________________
____________________________
DEFENDANT/HOMEOWNER’S SIGNATURE
DEFENDANT/HOMEOWNER’S ADDRESS
CERTIFICATE OF SERVICE
On _______________, a copy of this Motion of Extension of Time to Answer was sent by mail to all parties of the case: (Date Mailed)
(Name of Attorney for the Plaintiff)____________________ at (Address of Attorney for the Plaintiff) ____________________
(Other party if listed above – Name) __________________ at (Address of the other party)_____________________________
(Other party if listed above – Name) __________________ at (Address of the other party)_____________________________
on this ________ day of _________________, 20__. Other
(date) (month)
DEFENDANT/HOMEOWNER’S SIGNATURE_______________________________________
MEDIATION
Based on your mediation resources, choose one of the following options (or create your own) and delete the other(s):________________
If you are currently in your home AND would like to remain, you may be considered for the court’s mediation service at no additional cost to you.
OR
You may be considered for the court’s mediation service at no additional cost to you.
_______________
Mediation provides you with an opportunity to meet with the other side in an effort to resolve this dispute.
To be considered, complete a Request for Foreclosure Mediation Form
[Note: Either you decided to enclose the Request for Foreclosure Mediation Form with the summons along with the complaint or you indicated in the summons that you would have it available at the Clerk of Court’s Office. Either way, you may want to consider having some copies of the Request for Foreclosure Mediation Form available at the Clerk of Court’s Office in the event the borrower did not bring the copy that may have been provided to them with the summons to prevent a delay in the case.] and send it to the Court’s Mediation Department. Do not file the Request for Foreclosure Mediation Form with the Clerk of Court’s Office.
LEGAL ASSISTANCE – it is recommended that you seek legal counsel to assist you with your case.