If your foreclosure sale date is approaching, you may have more options than you think — but you must act right now. Attorney Patrick Thompson can file emergency legal relief to stop or delay the sale while building your defense strategy. Do not wait another day.
How We Stop a Foreclosure Sale
Once a Florida court enters a final judgment of foreclosure and sets a sale date, most homeowners believe the fight is over. It is not. There are several legal mechanisms that may stop or delay the sale:
1. Emergency Motion to Continue the Sale
We can file an emergency motion requesting the court postpone (“continue”) the foreclosure sale. Valid grounds include: an active loan modification application, newly discovered procedural errors in the case, documented financial hardship, or a pending bankruptcy filing. Courts will often grant short continuances when legitimate grounds exist and the motion is properly filed.
2. Motion to Vacate the Final Judgment
If there were errors in how the judgment was obtained — improper service of process, lack of required notice, fraud on the court, or newly discovered evidence — we can file a motion to vacate (overturn) the final judgment under Florida Rule of Civil Procedure 1.540(b). A vacated judgment stops the sale and restarts the case.
3. Bankruptcy Filing — Automatic Stay
Filing a Chapter 13 bankruptcy triggers an immediate automatic stay — a federal court order that instantly stops all collection actions, including a scheduled foreclosure sale. Chapter 13 also allows you to catch up on missed mortgage payments over a 3–5 year repayment plan, potentially allowing you to keep your home permanently. This is a powerful tool when used at the right moment.
4. Right of Redemption
Under Florida law, homeowners have an absolute right to redeem their property — paying off the full amount owed — at any time before the clerk files the certificate of sale. While financially difficult, this is a legal right worth exploring if funds are available.
What To Do RIGHT NOW If You Have a Sale Date
- Step 1: Call Attorney Patrick Thompson immediately — do not wait until tomorrow
- Step 2: Locate your Final Judgment of Foreclosure document — it lists the sale date and the exact amount owed
- Step 3: Do NOT abandon the property — staying demonstrates good faith and preserves your rights
- Step 4: Gather all court documents and bring them to your consultation
- Step 5: Do NOT ignore or dispose of any mail or legal documents received at your home
What Happens After the Sale?
If a foreclosure sale occurs, the certificate of sale is typically issued within 10 days, after which eviction proceedings may begin. However, if the sale price was below fair market value, or if there were procedural irregularities in the sale process, we may still have grounds to challenge the sale itself. The sooner you contact us — at any stage — the more options remain available to you.