Motion to Cancel and Reschedule Foreclosure Sale
(FL)

Summary

This motion to cancel and reschedule foreclosure sale may be used by the plaintiff in a mortgage foreclosure action in Florida to request that a foreclosure sale be cancelled and rescheduled. This template contains practical guidance and drafting notes. This template may be used in a commercial or residential foreclosure action and complies with Fla. R. Civ. P. Form 1.996(c). In Florida, cancellations, continuances and postponements of a foreclosure sale are within the discretion of the trial court. Many cases have confirmed that a judge cannot postpone or cancel a sale based on compassion for a foreclosure defendant attempting to save his or her home. See Republic Fed. Bank v. Doyle, 19 So. 3d 1053, 1054 (Fla. Dist. Ct. App. 2009). However, if the borrower files a petition for bankruptcy, the sale must be cancelled. See Nemours Found. v. Gauldin, 601 So. 2d 574, 576 (Fla. Dist. Ct. App. 1992). For more on foreclosure proceedings in Florida see Residential Mortgage Foreclosure (FL) and Commercial Mortgage Foreclosure (FL). For additional templates see Mortgage Foreclosure Complaint (Location of Promissory Note Known) (FL), Mortgage Foreclosure Complaint (Location of Original Note Unknown) (FL), Notice of Lis Pendens (Foreclosure) (FL), Summons (Foreclosure) (FL), Final Foreclosure Judgment (Original Note in Plaintiff's Possession) (FL), and Final Foreclosure Judgment (Re-Establishment of Note) (FL).