Q: My house is for sale to avoid foreclosure. Next court date is a non-oral hearing. Can I get an extension on the date?
My house is being listed for sale and I also have a private investor who is working on getting funds to pay-off my amount due. If my house is "under contract" or if the investor needs another 1-2 weeks to get the funds, on the date of my non-oral hearing, can I request that the non-oral hearing is changed to an actual hearing? I am trying to avoid a foreclosure judgement on my background/credit report. The attorney for the bank has not responded to my request so I'm trying to be proactive to let the court know my current actions. Can I file a Motion to Change Hearing or some other kind of court document?
A: Yes, but the better thing to do would be to reach out to the bank to engage in loss mitigation. This would pause the foreclosure while they determined whether you are eligible for any loss mitigation options, including modification of the loan, and will give you time to either sell or refinance.
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