The foreclosure defense attorney sends out a Notice of Hearing, and the client dutifully writes it down on his or her calendar. The day of the scheduled hearing, the client calls the attorney’s office expecting details on the outcome of the hearing. However, the client may be disappointed to learn that the hearing was canceled. This situation occurs frequently.
What is necessary for foreclosure defense clients to understand is that hearings are routinely cancelled, sometimes it is exactly what the attorney expected to happen and sometimes it may just need to be rescheduled. Either way, it isn’t necessary to fret.
Here are the most common reasons for foreclosure hearings to be canceled or postponed:
Court system – The court systems are very particular about the way hearings must be scheduled, it is very easy for a minor error in the calendar process to prevent a hearing from being completely scheduled.
Judge’s calendar – The judge may have vacation days scheduled that the attorneys were not made aware of at the time of scheduling, or have a limit on the amount of cases they hear in a day which gets exceeded.
Agreement between both parties – In an attempt to save time and cost, both parties may come to an agreement on the motion scheduled, thus making the hearing unnecessary. This is an occasion when a canceled hearing is the desired outcome, and a Notice of Cancellation will be prepared and filed.
Calendar conflicts – Despite all the efforts to schedule events ahead of time, attorneys may receive last minute notices of other hearings or trails. At this point the attorney is forced to make a decision to attend the event that poses the most imminent threat and postpone the other hearing. This may happen to either party and the other attorney needs to be respectful of the circumstances.