Q: Is there any way that I can delay a homestead foreclosure with a scheduled court date? Motions or Injunctions to file?
I have a non-jury HELOC foreclosure trail scheduled for early Dec. 2018, (about a month away) on a homestead property in Hillsborough county:
-1st mortgage is trying to serve a Foreclosure Notice
-FHA
-HELOC- scheduled foreclosure trial in Dec.
I am considering filing a chapter 13 BK and need to buy some time to prepare. I am seeking advice on the following:
-Is there is any way to delay the process?
-For example, could I file a Motion for Mediation of Modification of Terms, etc?
-What Kind of affirmative defensive response can I provide once served the complaint?
-If so, where could I find the correct template(s) to compose the proper motion(s)/response(s)?
A: You should be able to file for bankruptcy protection by December. And remember, if they obtain a final judgment, the sale will probably be another 45 days at least. If you can't file for bankruptcy protection in 2 1/2 months, chances are further delay will not help.
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