Orders To Show Cause

Orders to Show Cause are emergency motions and can be pursued in both state court (the Supreme Court of New York ) and federal court (the United States Bankruptcy Court). In state court the Order to Show Cause usually attempts to stop a foreclosure sale on an emergency basis by arguing that based on technical and/or substantive grounds  the homeowner should be given more time and opportunity to pursue a definite and tangible option that has a good chance of resolving the foreclosure situation. Such options are sales and refinancing that are almost completed and usually technical reasons also need to be present to show that there were improprieties in the foreclosure  action with such items such as process of service. In bankruptcy court an order to show cause usually attempts to give a debtor an additional opportunity to stop a sale by reinstating a formerly dismissed case or by asking based on "changed circumstances" for permission to file an additional bankruptcy case where the debtor due to previous, excess  bankruptcy filings cannot obtain an automatic stay upon a new bankruptcy filing.

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 "Litigation Defense" to review such defense and please contact us to discuss your options.

Another use of emergency Orders to Show Cause is in the Federal Bankruptcy Court. There is a limit on the number of times a person can obtain an automatic stay in the Bankruptcy Court when they file a bankruptcy case. If a person has had two or more cases pending within the last year the automatic stay does not go into effect and the person needs to immediately retain a bankruptcy attorney to move by Emergency Order to Show Cause before the Bankruptcy Court to try to obtain a stay against their mortgage holder, including a stay of any upcoming foreclosure sale. In such Order to Show cause there needs to be demonstrated strong financial "changes in circumstances that would allow the person to have a better chance of moving forward in another Chapter 13 case in terms of making required monthly payments to the Chapter 13 trustee under the Chapter 13 plan and in terms of making required monthly post- petition mortgage payments. If you need such assistance then time is of the essence and you need to immediately call our office.