Temporary Restraining Order Stops Foreclosure Sale At Last Minute

October 24, 2010/in Foreclosure & Loan Mod Blog /by Scott Lanin

My firm spent part of the last week drafting papers to stop an HSBC foreclosure sale set for tomorrow. We met with our clients, researched some of the background facts and legal issues and drafted an order to show cause to request a temporary restraining order in the Bronx Supreme Court. I went to the court on Thursday and the Court granted the TRO on Friday staying the sale. The primary legal ground relied on was that the lender still had not issued a final determination on a loan modification. We cited numerous laws requiring good faith in this process in order for the sale to be regular and valid under CPLR 2003.

If you are facing an imminent sale, time is very short. You should call or email my office asap to discuss whether we can help.

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Cases and disputes can vary in complexity. Some can be handled in a routine 20 minute phone consult. More complex matters will require time to review and analyze documents and legal issues. If your matter is more complex, we may offer you a paid one hour consultation or hourly services, depending on the time needed to properly evaluate your situation. We always require a signed retainer agreement before we begin to provide legal services. The agreement will detail the scope of services included as well as your rights as a new client.

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Temporary Restraining Order Stops Foreclosure Sale At Last Minute

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