Product: Mortgage

DEFENDANTS EMERGENCY MOTION TO STAY FORECLOSURE SALE COMES NOW filed with the XXXX XXXX XXXX XXXX XX/XX/XXXX Defendants Estate of XXXX XXXX XXXX and XXXX XXXX XXXX. Personal Representative of the Estate of XXXX XXXX XXXX by and through their attorney, XXXX XXXX XXXX XXXX. pro se, requesting that pursuant to Maryland Rule 14-211 This Court stay the foreclosure sale of Defendants property currently scheduled for and in support thereof state as follows : 1 ) Plaintiffs/ Substitute Trustees in this case have scheduled a foreclosure sale of the Defendants property at XXXX XXXX XXXX XXXX Maryland XXXX XXXX hereafter the subject property ) for XX/XX/XXXX, at XXXX on behalf of Wells Fargo Home Mortgage , ( hereafter the servicer ) on the mortgage secured by the subject property. XXXX or XXXX holds the note. The notice of sale is included as XXXX  XXXX. 
2 ) Defendants state in satisfaction of Maryland Rule 14-211 ( a ) ( 3 ) ( F ) that the reason for the untimely filing is that Defendant had refrained from bringing this motion while Defendant and Personal Representative and successor in interest XXXX XXXX XXXX correct its mistakes and work with the Defendant in correctly calculating the payments made in the reimbursement amount, correctly crediting payments made under the aforementioned bankruptcy, reimbursement assuming the loan, refinancing the loan and in loss mitigation. The imminent sale date now threatens Defendants ability to receive a fair and accurate review, thus compelling Defendants to bring this motion. 
3 ) Defendant has been working with the servicer since XXXX and prior to her filing her XXXX  XXXX Bankruptcy XXXX XXXX and incorporates by reference all her previous filings. XXXX XXXX XXXX ) On XX/XX/XXXX, Defendant received a remediation check from the servicer for {$7300.00} on the mortgage account XXXX for an identified error which the servicer may have occurred on Defendants approved and finalized loan modification. The reimbursement letter further states that XXXX XXXX  XXXX ) The servicer denied her request to assume the loan because even though both loans are through the servicer and there is one monthly payment, the servicer is treating the loan as a second mortgage. XXXX XXXX  XXXX ) The servicers re-entry department contacted on XX/XX/XXXX requesting that defendant file the list of documents outlined in exhibit four by telecopier by XX/XX/XXXX and XXXX complied with this request XXXX XXXX XXXX ) Defendant never received a home valuation report on the subject. XXXX  XXXX XXXX ) Defendant has been attempting to collaborate with representatives and supervisors to be accepted as the successor in interest, to no avail. 
9 ) The successor in interest by operation of law was wrongfully denied, as Defendant timely sent documents to the servicer as requested 10 ) Servicers negligent communication and handling of the successor in interest by operation of law along with the scheduling of a sale date on the subject property has put Defendant at risk of having her home sold at foreclosure without receiving the successor in interest by operation of law designation to which they are entitled. 
11 ) Defendant is asking for a stay of the foreclosure sale so that the servicer can reinitiate the successor in interest by operation of law, correct the errors in the home valuation report and be legitimately reviewed for loan assumption and all other applicable loan modification options. 
12 ) If This Court determines there is insufficient time prior to the foreclosure sale date to schedule a hearing on the merits of this motion, Maryland Rule 14-211 ( c ) permits the entry of an order that temporarily stays the sale on terms and conditions that the court finds reasonable and necessary to protect the property and the interest of the plaintiff. 
13 ) There are no other collateral actions involving the subject property of which Defendant is aware. 
WHEREFORE, Defendant respectfully request that This Court Stay the foreclosure sale of the subject property scheduled for and grant such other relief as This Court may deem appropriate. 
I am incorporating by reference all filings previously filed in XXXX XXXX XXXX XXXX XXXX NO. XXXXXXXX XXXX as well as Complaint ID 's XXXX XXXX