Foreclosure Motion Practice

By J. Douglas Barics

Foreclosure actions are largely won or lost through motion practice and the best foreclosure defense lawyers are keenly aware of this fact. While trials do occur in foreclosure actions, they tend to be the exception and not the rule.

Motions in foreclosure actions are almost always used by the creditor to assert there are no issues that require a trial and request that the judge assume that the entire case can be decided by paperwork.

However, many times the creditors position is shaky at best and that too can be proven by a motion.

At the Law Office of J. Douglas Barics we have the experience to protect you against foreclosure motions filed by the creditor and when appropriate, file motions on your behalf.

Do you need representation in a Foreclosure Action on Long Island or New York City?

Motion Practice in New York Foreclosure Actions

What you need to know about Motions in Foreclosure Cases

What is a motion?

A motion is a request for a court order separate from a final trial decision. Nearly all motions are done on papers.

What is the difference between an order and a judgment?

An order will decide a motion or otherwise direct the parties to do something while the case is pending. A judgment is the final disposition of the case, and resolves all issues that were raised or could have been raised, subject to limited exceptions.

Why is motion practice important in a Foreclosure case?

Foreclosures tend to be motion heavy due to the nature of the issues in a foreclosure. Many foreclosures are won or lost on motion practice.

What are some of the more common motions in Foreclosures?

Motion for a default
Motion to vacate a default
Motion to dismiss
Motion for summary judgment
Motion to reargue
Motion to renew
Motion to compel discovery
Motion to preclude discovery
Motion to amend pleadings
Motion to appoint a referee
Motion to confirm referee's findings and for a judgment and sale
Motion to dismiss certain counter-claims
Motion to vacate a judgment of foreclosure
Motion to stay proceedings

Can you appeal an order which decides a motion?

Yes. Orders can be directly appealed by the filing of a notice of appeal. They can also be appealed from an appeal from the final judgment.

Is there a downside to appealing orders as they occur?

The biggest danger is once a notice of appeal is filed, the appeal needs to be perfected. If the brief is never filed the appeal is deemed to be lost on the merits, and it cannot be raised a second time in an appeal from the judgment.

Am I still entitled to a trial in my foreclosure?

Unless the foreclosure is decided by a summary judgment, a trial will be held.

Where can I find out more about motion practice?

The Unified Court System website has more information about motion practice in New York Courts.

Contact Our Foreclosure Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any foreclosure, no matter how challenging or complex. With over 25 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled foreclosure lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.