停止房屋拍卖执行异议申请书
英文回答:
defendant Motion to Stay Execution of Foreclosure Sale.
Introduction.
This Motion seeks to stay the execution of the foreclosure sale scheduled for [Date] for the property located at [Address]. The Defendant, [Defendant's Name], respectfully requests that the Court grant this Motion for the following reasons:
Grounds for Stay.
1. Defendant is experiencing financial hardship due to unforeseen circumstances.
[Explain the circumstances that have caused financial hardship, such as job loss, medical expenses, or natural disasters.]
2. Defendant has a reasonable plan to bring the mortgage current.
[Describe the plan, including the amount Defendant can afford to pay monthly, the timeline for repayment, and any sources of additional income.]
3. Defendant believes that the property is worth more than the amount owed.
[Provide an appraisal or other evidence to support the Defendant's belief.]
4. The foreclosure sale would cause irreparable harm to Defendant.
[Explain how the loss of the property would impact Defendant's family, financial stability, or other aspects of life.]
Balance of Hardships.
Granting the stay would cause no harm to the Plaintiff, as the debt is secured by the property and there is no evidence that the property is at risk of depreciation. Conversely, denying the stay would cause significant hardship to the Defendant, who could lose their home and stability.
Probability of Success on the Merits.
The Defendant has a substantial likelihood of prevailing on the merits of the case. The Defendant is not in default of the mortgage due to unforeseen circumstances, and has a reasonable plan to become current. Additionally, the property is worth more than the amount owed.
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