You can file a Motion to Stay Judicial Sale to hold off the judicial sale of your home under certain circumstances. If one of the following situations applies to you, you should file a Motion to Stay Judicial Sale:
- You are in the process of refinancing your home with a loan that will cover the existing mortgage and any other costs;
- Your Homes Affordable Modification Program (HAMP) request is pending, or you're still in the HAMP trial period;
- You have found a buyer for your home and have signed a contract for the sale of your home;
- You have found a buyer for your home and have an offer for short sale of the home; or
- Your mortgage lender did not see if you're interested in and qualify for modifying your mortgage under HAMP.
You can use our guided interview program to help you prepare a Motion to Stay a Judicial Sale.
Learn more about Preparing, filing, and presenting motions in court.