Legal Question in Real Estate Law in Arizona
Motion To Set Aside A Foreclosure
Does filing a motion to set aside a foreclosure halt the foreclosure until the matter goes before the court, or can they proceed with an eviction.
1 Answer from Attorneys
Re: Motion To Set Aside A Foreclosure
I will answer based upon the limited facts presented here. Complete facts are required in this situation to give a proper opinion.
In general, a motion does not stay proceedings, unless there is an order of the court. In an action to set aside a foreclosure, a preliminary injuction is usually requested, and there may be a hearing on that. An order of the court is needed to stop proceedings.
A bankruptcy petition will immediately stop all proceedings. See an attorney immediately if you do not have one. We can refer you to a consumer/collection attorney if you call 480.835.1500.
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