Oct
07
Can An Amicus Curiae Brief Be Given In A Divorce Proceeding To Expedite A Mortgage Sale To Avoid Foreclosure?
BySpecifically what options can a mortgage company have to get the court to hear a motion to force the hand of one party to sign papers to sell a house. There are two parties involved, but one is dragging their feet. There is no disagreement over the validity of the mortgage or that foreclosure is imminent. The stalling party continues to delay the proceedings by switching attorneys and then being granted a continuance. There is a buyer for the house, but needs the signature of both parties to continue. Given that the financial interest of the mortgage company is clear, can they file a AC brief?
2 Comments
October 7th, 2009 at 6:34 am
This is up to the judge governing the proceedings.
Either the mortgager or the other party can petition
the judge to hear this information, but you can easily
imagine him putting that off until the slow party is
represented.
However, if the petition explains why it needs to be
dealt with quickly, you might get some action.
October 7th, 2009 at 11:09 am
It’s all up to the court. Whether continuances are granted, and whether an amicus brief is allowed.
Until and unless the court intervenes, the stalling party can continue dragging their feet as long as they can get away with it.