we had our foreclosure sale vacated by the mortgage company. now we noticed that a praecipe for sale was filed. what does this mean. thank you for a great service
Basically an order from the court to appear for the event if you want to. So if you want to attend the sale, you have been notified by the praecipe, and you cannot argue lack of notice if you have received the praecipe in advance of the event.
From Wikipedia.com
In law in the United States, a praecipe is a document that either (A) commands a defendant to appear and show cause why an act or thing should not be done; or (B) requests the clerk of court to issue a writ and to specify its contents. In Canada it is used in place of a notice of motion as an application for a desk order that is granted in the court registry without a hearing before a judge.
Dana Lynn LuetzelschwabForeclosure AttorneyIndianapolis, IN ·
In Indiana's foreclosure process, this means that the mortgage company has asked the court to certify a copy of the foreclosure judgment and provide it to the sheriff, so that the sheriff can schedule and hold the sheriff's sale. You will have about 45 days from the date of the filing of the praecipe before the sheriff's sale happens. The next notice you will receive is the sheriff's notice of the impending sale. It also means that if you are trying to save your home through a loan modification, you are running out of time - some lenders require all documents to be received at least 37 days before the sale in order to vacate the sale, while others will stop the sale up to 7 days before.
I wish you the best of luck.