MOTION TO STAY FORECLOSURE PROCEEDINGS

COURT CAPTION

IN THE [COURT NAME] COURT
[COUNTY NAME] COUNTY, [STATE]

[PLAINTIFF/LENDER NAME],
Plaintiff,

v.

[DEFENDANT/BORROWER NAME],
Defendant(s).

Case No.: [CASE NUMBER]
Division: [DIVISION]

DEFENDANT'S EMERGENCY MOTION TO STAY FORECLOSURE SALE/PROCEEDINGS

COMES NOW the Defendant(s), [DEFENDANT NAME(S)], by and through undersigned counsel / pro se, and pursuant to [APPLICABLE RULE/STATUTE], hereby moves this Honorable Court for an emergency order staying the foreclosure sale currently scheduled for [SALE DATE], and staying all further foreclosure proceedings pending resolution of the matters set forth herein, and in support thereof states as follows:

I. INTRODUCTION

1. This is an action for mortgage foreclosure filed by Plaintiff against Defendant regarding real property located at [PROPERTY ADDRESS] (the "Property").

2. A foreclosure sale is currently scheduled for [DATE] at [TIME] at [LOCATION].

3. Defendant seeks an emergency stay of the foreclosure sale and all proceedings because [BRIEFLY STATE PRIMARY REASON - e.g., pending loss mitigation application, bankruptcy filing, procedural violations, etc.].

4. Defendant faces immediate and irreparable harm if the sale proceeds as scheduled.

II. STATEMENT OF FACTS

5. On or about [ORIGINAL LOAN DATE], Defendant obtained a mortgage loan secured by the Property in the original principal amount of $[AMOUNT].

6. [DESCRIBE RELEVANT HISTORY OF LOAN, PAYMENTS, DEFAULT, ETC.]

7. [DESCRIBE CIRCUMSTANCES GIVING RISE TO THIS MOTION]

8. The foreclosure sale is currently scheduled for [DATE].

9. [ADDITIONAL RELEVANT FACTS]

III. GROUNDS FOR STAY

(Select and complete all applicable grounds)

GROUND A: PENDING LOSS MITIGATION APPLICATION

(Based on CFPB Regulation X, 12 CFR Section 1024.41)

10. On [DATE], Defendant submitted a complete loss mitigation application to the servicer.

11. Under CFPB Regulation X, 12 CFR Section 1024.41(g), if a borrower submits a complete loss mitigation application more than 37 days before a scheduled foreclosure sale, the servicer shall not conduct the foreclosure sale unless:
    - The servicer has completed evaluation and the borrower has rejected all options, or
    - The borrower failed to perform under an agreement, or
    - The borrower's appeal has been denied

12. The scheduled sale date of [DATE] is [NUMBER] days after Defendant submitted the complete application.

13. The servicer has not completed its evaluation of Defendant's loss mitigation application.

14. Proceeding with the foreclosure sale would violate federal law.

GROUND B: DUAL TRACKING VIOLATION

(Based on CFPB Regulation X and State Law)

15. Defendant is in active review for loss mitigation with the servicer.

16. Despite the pending application, the servicer/Plaintiff has continued to advance the foreclosure proceedings.

17. This constitutes prohibited "dual tracking" under:
    ☐ CFPB Regulation X, 12 CFR Section 1024.41(g)
    ☐ [STATE] Homeowner Bill of Rights
    ☐ [OTHER APPLICABLE LAW]

18. The foreclosure sale must be stayed pending resolution of the loss mitigation review.

GROUND C: PENDING BANKRUPTCY CASE

(Based on 11 U.S.C. Section 362)

19. On [DATE], Defendant filed a voluntary petition for relief under Chapter [7/11/12/13] of the Bankruptcy Code in the United States Bankruptcy Court for the [DISTRICT], Case No. [BANKRUPTCY CASE NUMBER].

20. Upon filing of the bankruptcy petition, an automatic stay went into effect pursuant to 11 U.S.C. Section 362(a), which stays:
    - All acts to obtain possession of property of the estate
    - All acts to enforce any lien against property of the estate
    - All acts to collect or recover a claim against the debtor

21. No relief from stay has been granted by the Bankruptcy Court.

22. Any foreclosure sale conducted in violation of the automatic stay is void.

23. This Court should stay the foreclosure pending resolution of the bankruptcy case or until the Bankruptcy Court grants relief from stay.

GROUND D: FAILURE TO COMPLY WITH CONDITIONS PRECEDENT

24. Plaintiff failed to satisfy conditions precedent to foreclosure, including:

☐ Failure to provide proper default notice (Paragraph 22 Notice)
☐ Failure to provide proper acceleration notice
☐ Failure to comply with 120-day pre-foreclosure waiting period
☐ Failure to comply with HUD/FHA/VA servicing requirements
☐ Failure to provide required state-specific notices
☐ Other: [DESCRIBE]

25. A stay is necessary to allow the Court to determine whether Plaintiff has complied with all required prerequisites to foreclosure.

GROUND E: LACK OF STANDING

26. Plaintiff lacks standing to prosecute this foreclosure action because:

☐ Plaintiff is not the holder of the original promissory note
☐ The chain of assignments is broken or defective
☐ Assignments are fraudulent or robo-signed
☐ Plaintiff did not have standing when the Complaint was filed
☐ Other: [DESCRIBE]

27. A stay is necessary to allow the Court to resolve the standing issue before irreparable harm occurs.

GROUND F: PENDING APPEAL

28. Defendant has filed an appeal of [DESCRIBE ORDER BEING APPEALED] to the [APPELLATE COURT].

29. The appeal raises substantial issues regarding [DESCRIBE ISSUES].

30. If the foreclosure sale proceeds and Defendant prevails on appeal, the appeal would be rendered moot and Defendant would suffer irreparable harm.

31. A stay pending appeal is warranted.

GROUND G: FRAUD/IRREGULARITIES IN FORECLOSURE PROCESS

32. The foreclosure process has been tainted by fraud and/or irregularities, including:

☐ Fraudulent or robo-signed documents
☐ Fabricated assignments
☐ Improper substitution of trustee
☐ Failure to follow statutory procedures
☐ Other: [DESCRIBE]

33. A stay is necessary to allow the Court to investigate these irregularities before an irreversible sale occurs.

GROUND H: SERVICEMEMBER PROTECTIONS

(Based on Servicemembers Civil Relief Act)

34. Defendant is [or was within the last [9 months/1 year] as applicable] an active duty servicemember as defined by the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. Section 3901 et seq.

35. Under the SCRA, foreclosure of a mortgage secured by a servicemember's residence is subject to special protections.

36. A stay is necessary to ensure compliance with SCRA requirements.

IV. IRREPARABLE HARM

37. Defendant will suffer immediate and irreparable harm if the foreclosure sale proceeds because:

☐ Defendant will lose their primary residence
☐ Defendant's family, including [NUMBER] minor children, will be displaced
☐ Defendant will lose all equity in the Property, valued at approximately $[AMOUNT]
☐ Defendant's credit will be severely damaged
☐ Any appellate rights will be rendered moot
☐ Defendant will be unable to recover the Property once sold to a third party
☐ Other: [DESCRIBE]

38. Monetary damages cannot adequately compensate Defendant for the loss of their home.

V. BALANCE OF HARDSHIPS

39. The balance of hardships favors granting the stay because:

40. Harm to Defendant without stay: Defendant will lose their home and suffer the harms described above, which are irreparable.

41. Harm to Plaintiff with stay: Plaintiff will suffer minimal harm from a temporary stay. The Property will remain as security for the loan. Plaintiff's interests are protected by the continued accrual of interest and the value of the Property.

42. The potential harm to Defendant far outweighs any inconvenience to Plaintiff.

VI. LIKELIHOOD OF SUCCESS ON THE MERITS

43. Defendant is likely to succeed on the merits of their defense because:

[EXPLAIN WHY DEFENDANT IS LIKELY TO PREVAIL - e.g., strong standing argument, clear procedural violations, pending loss mitigation, etc.]

VII. PUBLIC INTEREST

44. The public interest favors granting the stay because:

☐ The public has an interest in ensuring foreclosures comply with the law
☐ Homeownership and family stability serve the public interest
☐ Allowing wrongful foreclosures harms communities
☐ Enforcement of consumer protection laws serves the public interest

VIII. REQUEST FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. Grant this Emergency Motion and enter an order staying the foreclosure sale currently scheduled for [DATE];

2. Stay all foreclosure proceedings pending:
   ☐ Resolution of Defendant's loss mitigation application
   ☐ Resolution of the bankruptcy case or relief from stay
   ☐ Determination of standing
   ☐ Resolution of pending appeal
   ☐ Resolution of [OTHER MATTER]

3. Require Plaintiff to post a bond as security for any damages Defendant may suffer if the stay is later determined to have been improvidently granted;

4. Set this matter for hearing on an emergency basis;

5. Award Defendant costs and attorney's fees; and

6. Grant such other relief as the Court deems just and proper.

IX. EMERGENCY RELIEF REQUESTED

This Motion is filed on an emergency basis because the foreclosure sale is scheduled for [DATE], which is only [NUMBER] days from the date of this filing. Without immediate relief, Defendant will lose their home before the Court can consider the merits of this Motion.

Defendant respectfully requests:

☐ Immediate temporary stay pending hearing
☐ Expedited hearing within [NUMBER] days
☐ Consideration on shortened time

CERTIFICATION

☐ Undersigned counsel certifies that counsel has conferred with Plaintiff's counsel regarding this motion. Plaintiff [opposes/does not oppose] the motion.

☐ Due to the emergency nature of this motion, undersigned has been unable to confer with Plaintiff's counsel but has made the following attempts: [DESCRIBE]

PROPOSED ORDER

(Attach a proposed order for the Court's convenience)

DEFENDANT'S AFFIDAVIT IN SUPPORT

STATE OF [STATE]
COUNTY OF [COUNTY]

BEFORE ME, the undersigned authority, personally appeared [DEFENDANT NAME], who being first duly sworn, deposes and says:

1. I am the Defendant in this action and have personal knowledge of the facts stated herein.

2. I am the owner and occupant of the Property located at [PROPERTY ADDRESS].

3. The foreclosure sale is scheduled for [DATE].

4. [FACTS SUPPORTING STAY - ADAPT TO APPLICABLE GROUND]

5. If the sale proceeds, I will lose my home and suffer irreparable harm.

6. [ADDITIONAL FACTS]

FURTHER AFFIANT SAYETH NAUGHT.

_________________________________
[DEFENDANT NAME]

Sworn to and subscribed before me
this ___ day of __________, 20___

_________________________________
Notary Public
My Commission Expires: ___________

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Stay Foreclosure was served via [☐ U.S. Mail ☐ Hand Delivery ☐ Email ☐ Fax ☐ E-Filing Portal] on this ___ day of __________, 20___, to:

[PLAINTIFF'S ATTORNEY NAME]
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[EMAIL]
[FAX]

_________________________________
[DEFENDANT NAME / ATTORNEY NAME]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

STATE-SPECIFIC NOTES

CALIFORNIA

• California Civil Code Section 2924g allows postponement of sale up to 365 days total
• California Homeowner Bill of Rights prohibits dual tracking
• TRO/preliminary injunction standards apply
• Consider filing in state court for faster relief

TEXAS

• Texas Property Code Section 51.002 governs foreclosure procedures
• Primarily non-judicial foreclosure state
• May need TRO from state court to stop sale
• Consider filing suit and lis pendens

FLORIDA

• Florida is judicial foreclosure state - motion filed in foreclosure case
• Florida Rule of Civil Procedure 1.610 governs injunctions
• Bond may be required for TRO
• Motion for stay pending appeal under Florida Rule of Appellate Procedure 9.310

NEW YORK

• New York is judicial foreclosure state
• CPLR Article 63 governs injunctions
• CPLR 5519 governs stays pending appeal
• Mandatory settlement conferences under CPLR 3408 may provide protection

EXHIBITS TO ATTACH

☐ Exhibit A: Notice of Foreclosure Sale
☐ Exhibit B: Loss Mitigation Application (if applicable)
☐ Exhibit C: Bankruptcy Filing (if applicable)
☐ Exhibit D: Evidence of Procedural Violations
☐ Exhibit E: Standing Documents
☐ Exhibit F: Appeal Filing (if applicable)
☐ Exhibit G: SCRA Documentation (if applicable)
☐ Exhibit H: Defendant's Affidavit
☐ Exhibit I: Proposed Order

This template is provided for educational and informational purposes only. Emergency stay motions have strict timing requirements and must be properly supported. Consult with a licensed attorney immediately if facing imminent foreclosure.