There are ways, however, in which lenders can get around a stay regarding a foreclosure. If the lender is able to successfully file a motion to lift the stay, the foreclosure may proceed, though not immediately. Generally, even with a lifted stay the sale of the home will be postponed for at least two months, affording you more time to get your affairs in order.
There are also complications if the notice of foreclosure has been present for a long time. If you have received notice your home may be foreclosed upon, the stay will protect you only after the notice has expired and the pre-determined time set by the lender has elapsed. Once this has happened, the lender may file for a motion to lift the stay as before and the foreclosure sale could be scheduled. If you have additional questions regarding how banks can bypass a stay, contact a knowledgeable Phoenix foreclosure defense lawyer.