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.


Asked on 9/11/07, 1:15 am

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

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.

Read more
Answered on 9/11/07, 10:24 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Arizona