Motion For More Time To Respond To Foreclosure Lawsuits
A Motion for Extension of Time, also referred to as a Motion for Continuance in some circumstances, can be used in a variety of situations to request more time from the court to respond to something the plaintiff has done or requested. Although its most often used to respond to the initial lawsuit, it can also be used to get more time to answer discovery requests, respond to motions or postpone foreclosure trials and hearings. Options to Stop Foreclosure
If you are defending your own Foreclosure Lawsuit, make sure to contact the local Clerk of Court to learn about the deadlines to file your documents and the process to do so. Generally, you’ll send copies of your Motion to both the judge handling your case and the lawyer from the bank but the Clerk will provide the details.
Depending upon the instructions received from the clerk, you’ll either be required to set and attend a hearing on your Motion or the court will decide on its own without a hearing. In either event, make sure that your Motion and all court papers are postmarked on or before the deadline to file your documents.
In your actual Motion for Extension of Time, you’ll let the court know where the property is located, who lives with you and why you need more time. To help you prepare your own Motion, we’ve prepared a sample Motion to help guide you as to the type of information required. Review the sample Motion and then prepare your own by following directions from the local Clerk of Court and modifying the sample Motion to explain the circumstances of your specific case.
Foreclosure proceedings involve serious legal matters and can get complicated. As a result, we strongly urge you to hire an attorney to represent you in the case or to at least meet with an experienced foreclosure lawyer in your area for an hour or two to help explain local procedures and discuss your exact legal issues with you.
Sample Motion for Extension of Time
IN THE (Name of Court Here) COURT OF THE ___TH JUDICIAL CIRCUIT, IN AND FOR (County and State Here)
(Lender Name Here)
(Your Name Here),
Case No.: ______________
DEFENDANT’S MOTION FOR EXTENSION OF TIME
Defendant(s) (Your Name Here), Pro Se, file(s) this Motion for Extension of Time and state(s):
- Plaintiff has filed the instant lawsuit to foreclosure on my personal home located in _________ County, (Your State Here) where I live with my (Describe who lives in the home–spouse, young children, elderly parents, etc…).
- The lawsuit was recently served and due to the complexity of the issues and large number of attachments and exhibits to review and research, defendant(s) request an Extension of Time to respond to the lawsuit and/or hire an attorney to defend the case. As a result, defendant(s) request(s) an additional 45 days to respond to the lawsuit.
- The request for additional time to respond to the lawsuit is not made in bad faith and there will be no prejudice to either the court or the plaintiff as a result of the additional time due to the huge numbers of pending foreclosure cases and our continued residence in the home which protects the value of the property for all involved.
WHEREFORE, Defendant(s) (Your Name(s) Here), request(s) the Court to grant the instant Motion for Extension of Time and for such other and further relief that the court deems just and proper.
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via US Mail this _____ day of ___________ 201_ to (Name and Address of Attorney and Law Firm for Plaintiff).
Dated this ___th day of _______, 201_.
(Your Name(s) Here)
(Your Address and Phone Number Here)