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If you have been in foreclosure for a while, and have long ago defaulted on answering the mortgage holder’s complaint, and/or if you are nearing the end of the foreclosure proceeding with a judgment of foreclosure and sale entered in favor of the Plaintiff, an Order to Show Cause, would usually be necessary. At such a late point, for the defendant to be able to assert themselves in the foreclosure case, an Order to Show Cause, rather than a regular motion is much better suited because of time constraints and the need for strong immediate relief. Orders to Show Cause are emergency motions and can be pursued in the Supreme Court of New York to obtain urgent relief such as the voiding of a judgment or the stopping of a foreclosure sale and/or the extension of the defendant’s time to answer the complaint.  The defendant usually argues that the foreclosure should be stayed because of technical and/or substantive reasons and that the homeowner should be given more time and opportunity to pursue options, like modification, refinancing and/or a voluntary sale that have a good chance of resolving the foreclosure situation. Usually technical reasons  need to be present to show that there were improprieties in the foreclosure action with such issues as defective process of service, lack of standing, predatory lending, and defective assignments.  If you desire to defend the foreclosure action and have been in foreclosure for over one year and/or have a foreclosure sale date, you may need to proceed by emergency Order to Show Cause in order to assert your rights and have a possibility to stay the foreclosure action and/or foreclosure sale. If you believe that you many need an Order to Show Cause, especially if there is a scheduled foreclosure sale date, then time is of the essence and you should contact us immediately to review your options.
Defending the foreclosure action and Emergency Orders to Show Cause require knowledge, experience and assertiveness. The Law Firm of Ronald D. Weiss, P.C. relies on these qualities to make sure that your rights are protected and preserved throughout the entire foreclosure process. In an Order to Show Cause in State Court many of the defenses present in a foreclosure defense may be asserted in support of a stay of the foreclosure or to stop a foreclosure sale. Please make reference to the Section dealing with Foreclosure Defense to review such defense options and  contact us to discuss how such legal options may help in your situation.
Preparing and submitting an effective Order to Show Cause application can be involved and complex  and requires special knowledge and expertise. The Law Office of Ronald D. Weiss, P.C.  regularly represents its Long Island and New York clients in Order to Show Cause applications before the Supreme Court for the State of New York in both Suffolk County and Nassau County and can review with you issues relevant to defending your home from foreclosure.
Please call us at (631) 271-3737, or e-mail us at weiss@ny-bankruptcy.com for a free consultation with an attorney, at our Melville, Long Island law office to discuss Order to Show Cause  options in greater detail.