Appeal: An application to the court to reverse a judgement or decision.
Appeal: In civil practice, a complaint filed with a superior court of an injustice done by an inferior one, whose decision the superior court is called upon to reverse. The transfer of a cause from a court of inferior to one of superior jurisdiction in order to obtain a review and retrial.
Foreclosure Appeal: Reasons to Be Hopeful
After the bank receives a judgement approving a foreclosure, they are free to sell the property. However, the homeowner has one last recourse, which is to appeal the decision.
An attorney can aid homeowners by filing a notice of appeal and a merit brief that disputes the errors made during the trial. The court of appeals can reverse a judgment of foreclosure if it believes a mistake has been made.
Homeowners whose appeal period has passed can attempt to have the decision reversed by filing a motion to vacate the judgment. Attorneys specialized in foreclosure law can help homeowners to review the documents filed in the case and identify a basis for vacating the judgment. Also, a motion to vacate with strong legal arguments may justify reopening loan modification negotiations.
“You may appeal as a matter of right on foreclosure judgments. That means that the Court of Appeals will definitely hear your appeal,” says Kimberly Alderman-Penix, the managing attorney of the Alderman Law Firm in Wisconsin. “Whether or not this will be successful is within the discretion of the trial court. Essentially, if the trial court thinks you have a viable legal issue and finds you sympathetic, then it will probably grant a stay of execution, effectively delaying the foreclosure sale.”
Though for most homeowners the foreclosure process seems like a dark and inevitably pessimistic path, there are reasons to hope that upon appeal, a judge’s decision can be reversed.
“Perhaps the most popular argument currently being used to appeal a judgment of foreclosure is an argument commonly referred to as ‘show me the note,’ says Chelsey Dahm-Bradley, an associate attorney at Alderman. “Litigants arguing under ‘show me the note’ allege that the materials the bank or mortgage company submitted in support of its motion for summary judgment were insufficient to prove that the bank or mortgage company was the holder of the note, and that the Circuit Court erred when it granted the bank’s motion for judgment on the pleadings.”