Product Tag: Motion to Dismiss

Notice of Expedited Foreclosure Sale

Expedited Foreclosures: If you move out of your home before a foreclosure becomes final, the lender may pursue an expedited foreclosure, also known as a fast-track foreclosure. To trigger an expedited foreclosure, the lender must file a motion alleging that the home has been abandoned and may be at risk of harm.

If a lender who was not the original holder of your promissory note has initiated a foreclosure action against you, the lender must prove that it has standing to foreclose on your home in the place of the original lender. If they cannot do so, you may be entitled to have the complaint against you dismissed.

The original note on a mortgage is called the “Promissory Note”. It is the signed document at closing containing a written promise by the borrower to pay a stated sum to a specified lender or the bearer at a specified date or on demand.

A foreclosure “trustee” is the party who handles a nonjudicial foreclosure. … The law prohibits an attorney from serving as a trustee while simultaneously representing the lender.