Waiting on funds to stop Foreclosure

[ladypennyface]

Florida

My Question is: If we do not have the funds to resolve the debt that is the cause of the motion to Foreclose until a day or two after our hearing, is there a way we can ask for an extension of some sort from the judge or the prosecuting law firm?

Hi there! My spouse and I have a hearing Monday 9/24, mid afternoon, for a motion to foreclose on our property. The suit is coming from our HOA. We've been in contact with the law firm that is handling our HOA's suit. We were told that the case would move forward until they received the agreed upon sum.

My spouse and I were able to secure the amount necessary to stop the foreclosure process but the funds are being transferred to our bank account. The process for transfer started on Friday and we were told it could take up to three business days to show up in our account. We contacted the place that is providing the funds and our bank to see if the process could be expedited, (Spouses 401K fund and our Credit Union) but the process is automated and neither institution seems to be able to expedite the process.

We have to wire the funds, once they are available to us, to the place the law firm indicated.

We're hoping that the funds will be available to us before our hearing but, if they are not, is there any way we can get them to wait the day or two it may take for us to receive them?

TIA!

 

[FlyingRon]

You can go to the hearing and beg for an extension.

 

[ladypennyface]

You can go to the hearing and beg for an extension.

If the funds aren't available to us on Monday, we may just do that. I'm kind of hoping for something we can do that is a bit more official and will sway the judge to allow us time to pay.

 

[HRZ]

Just how do you prove the correct amount of funds are locked into transit ...the more credibility you have the more the court might postpone a hearing If the judge is having a good day ...

 

[adjusterjack]

If the funds aren't available to us on Monday, we may just do that. I'm kind of hoping for something we can do that is a bit more official and will sway the judge to allow us time to pay.

You should be able to get documentation faxed or emailed to you from the 401(k) custodian and the credit union showing transmittal of the funds. Bring that to court and make an oral motion for extension.

 

[ladypennyface]

Just how do you prove the correct amount of funds are locked into transit ...the more credibility you have the more the court might postpone a hearing If the judge is having a good day ...

I was thinking that the place we secured the funds from would be able to provide us with something we could print off and show to the court. We secured a hardship loan from a investment firm. We had to provide proof to the investment firm in order to obtain the hardship loan.
Other than that, I don't know. We're already prepping for the judge to ream us regarding why we even let it get this far. My spouse and I, we XXXX. The worst part about this whole process is everyone shaming us for the position we are in. We are already deeply ashamed and embarrassed.

 

[ladypennyface]

You should be able to get documentation faxed or emailed to you from the 401(k) custodian and the credit union showing transmittal of the funds. Bring that to court and make an oral motion for extension.

Thank you. I appreciate your time and response. This is helpful.

 

[cbg]

Just be aware that while AJ's suggestion is a good one which you definitely should do, if you are expecting something you can do, say or provide that will guarantee you an extension, there isn't anything.