I need help with writing up a pleading for a Motion to Extend Stay on a Foreclosure. Good Samaritan Attorney?
I work at an Attorney’s office in Northern/Bay Area California for a family law attorney. However, I need Bankruptcy/Foreclosure help and I don’t think the Bankruptcy attorney at my office is too keen on helping for free. So I’ve done all the research I can but I would like some help please, for those of you willing to give some legal advice.
My parents ligitimately were granted their Chapter 7. However, my dad has many health problem’s and has been in and out of work and hospitals lately, not to mention he retires this year. My mom is younger but has had back problems, cancer scares and had been recently attacked and physically assaulted and can’t work at night due to trauma.
They ligitimately could no longer afford to pay their home.
Although they have been trying hard to find ways to rent or lease a home ever since they knew their home would foreclose, they have been having trouble as their creditor Motioned for a relief from stay about a couple of months ago. According to public records they received their Notice of Trustee’s Sale on Aug 14th, 2008, but I’m not sure the date of the sale (they have 3 weeks??).
I’ve prolonged typing up a Motion to Extend and am still not only unsure of how to type it up, since I am only an Attorney’s assistant 6 months long. Not only that, I’m not sure if it’s a Motion to Extend that I should file. I’m also interested in filing a Request to Produce Documents if I still hve time to seek proof that the lender physically has possesion of the note. Do I have time to file that if the Trustee’s Sale has been issued?
My guess is my Motion to Extend will be formatted as a Declaration declared by my father with Exhibits as to why he needs and requests the motion (two children still living with him at home, both in college; one grand daughter firmly emotionally attached to grandparents, therefore having hard time finding new home to accommodate them, children, and granddaughter… their inability to work steadily due to health problems and proof of hospital stays and health conditions; my parents gave their stimulus check to my sister for the baby and to help her get a car to commute to school because she’d been walking and taking the bus this whole time, etc.)
Ladies and Gentlemen, if I were to want to file this by tomorrow or Friday morning, do I stand a chance? Am I filing what I need to file correctly?
I am but a mere college student myself – my job at the law office is only 2-3 days a week otherwise I’d financially help my parents myself and get them the proper legal help they need. They had earlier consulted with a shady legal “advisor” in which the preliminary hearing recognized and allowed them an extension to file their paperwork.
But currently, if they are to get kicked out, they don’t have much options where to go, I can’t see my family out on the streets – no real local family for help, I live in a tiny studio with 500 sq. ft. to call my own…. my sister is still interning and will graduate shortly, having regular garage sales at home to help pay for gas and diapers, and my brother stopped working 20 hours less to finish his last transfer year in college to become a police officer or firefighter.
Please help if you can and anything that you could reliably offer would be greatly appreciated. I know this was long but I’ve been up for hours typing this and I need a helping hand so bad. What can I offer in return?
I photograph…. I do freelance graphic design…. just ask.
Thanks and I appreciate and anticipate your response.
-S
March 2nd, 2009 at 4:13 am
hi hon:
can you email me what you have so i can look it over and see what i can do for you?
there may be a clause in their initial loan documents also.
