How may creditors obtain the courts permission to proceed with foreclosure?
By filing a Motion with the Court requesting a hearing to consider whether or not the stay order should be modified to allow foreclosure. The matter will be set for hearing by the Court. All parties will be notified of the hearing and present their side of the issue. The Court will make a decision based upon the evidence presented. Generally, if you bring the account current prior to the hearing date the Judge may deny the motion and allow you to keep the property. If this happens you must make your payments on time from that point forward.
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