Is there something I can file with the court to stop my foreclosure?
Full Question:
Answer:
The type of form will depend on the type of foreclosure, reason for contesting the foreclosure, and stage in the process. Most foreclosures in Arizona are judicial foreclosures. In a non-judicial foreclosure, if you wish to contest the foreclosure, you will have to file a lawsuit yourself. When you do this, you ask the court to temporarily stop the foreclosure so that you can resolve the legal issues in court. Once you are in court, you can raise the same defenses you would have raised in a judicial foreclosure proceeding.
In these lawsuits, the debtor typically asks the court for three things, in the following order:
-a temporary restraining order (which lasts for a certain number of days, typically under 2 weeks)
-a preliminary injunction (will last until the court decides the case), and
-a permanent injunction (which will be granted if you win your case).
An answer is a legally sufficient response to the allegations that have been alleged against you in a complaint for foreclosure. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. Lack of funds and inability to pay is not considered a valid defense. A valid defense may include such excuses as identifying the incorrect borrowing party to the loan contract, or having made all payments on time, among others. The answer is an opportunity to show why the property shouldn't be foreclosed upon.
After a person files an answer, a hearing date is set. At the hearing the lender's attorney will be present and the borrower may tell the judge the reason for the default. By filing an answer, you have insured that a default judgment will not be entered against you without an opportunity to be heard.
We can assist you with searching to locate forms or we can draft add forms you may need to our database. However, we cannot advise you to use one particular form over another that address the same matter. We can show you what is available. If you search for foeclosure for your state there are 28 forms shown. You can take a look at the forms below and see if they fit your need. If they do not, let me know and we may be able to add a form for your need. You may order a form or package by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.