Full question:
My wife has a home which is in foreclosure and will be sold Aug 16 under the redemption law. Several errors were made in the deed. She wants to file a motion to dismiss . She is running out of time. Does the filing of the motion itself stay the foreclosure until heard by the court?
- Category: Real Property
- Subcategory: Foreclosure
- Date:
- State: Alabama
Answer:
No, simply filing the motion won't stop the foreclosure. The court would need to issue an order for injunctive relief based on a separate motion. Since the sale is scheduled, a foreclosure lawsuit has already been filed, and a judgment of foreclosure has been issued. If defenses weren't raised earlier in the process, they may be considered waived.
At this late stage, the best option may be to redeem the property by paying the amounts owed and the foreclosure costs. It's advisable to consult a local attorney who can review the specific facts and documents involved.
In foreclosure cases, a debtor typically requests the court for:
- a temporary restraining order (lasting a few days, usually under two weeks),
- a preliminary injunction (lasting until the court resolves the case), and
- a permanent injunction (granted if the case is won).
Injunctive relief is a court order requiring a person to take or refrain from specific actions. To obtain a preliminary injunction, the court usually requires proof that:
- the movant has a strong likelihood of success on the merits;
- the movant would suffer irreparable harm without the injunction;
- issuing the injunction wouldn’t cause substantial harm to others; and
- the public interest would benefit from the injunction.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.