send notice of the decision to counsel of record. If an appeal has been filed, the clerk of the trial court shall enter the decision on the trial court docket and send notice of the decision to the appellate clerk, and the appellate clerk shall issue notice of the decision to all counsel of record. (f) Motions to request stay Requests for a stay pending appeal where there is no automatic stay shall be governed by Section 61-12. (For stays of execution in criminal cases, see Section 61-13.) (g) Strict foreclosure—motion rendering ineffective a judgment of strict foreclosure In any action for foreclosure in which the owner of the equity has filed, and the court has denied, at least two prior motions to open or other similar motion, no automatic stay shall arise upon the court’s denial of any subsequent contested motion by that party, unless the party certifies under oath, in an affidavit accompanying the motion, that the motion was filed for good cause arising after the court’s ruling on the party’s most recent motion. Such affidavit shall recite the specific facts relied on in support of the moving party’s claim of good cause. If, notwithstanding the submission of such an affidavit of good cause, the plaintiff contends that there is no good cause to stay the court’s judgment of strict foreclosure pending resolution of the appeal, the plaintiff may seek termination of the automatic stay by filing a motion requesting such relief accompanied by an affidavit stating the basis for the plaintiff’s claim. In the event such a motion to terminate stay is filed, it shall be set down for argument and the taking of evidence, if necessary, on the second short calendar next following the filing of the motion. There shall be no automatic appellate stay in the event that the court grants the motion to terminate the stay and, if necessary, sets new law dates. There shall be no automatic stay pending a motion for review of an order terminating a stay under this subsection. (h) Foreclosure by sale—motion rendering ineffective a judgment of foreclosure by sale In any action for foreclosure in which the owner of the equity has filed a motion to open the judg- ment or extend the scheduled sale date or other similar motion, or a motion for reargument or reconsideration of the denial of such a motion, which motion was denied fewer than twenty days prior to the scheduled sale date, the sale shall proceed as scheduled notwithstanding the court’s denial of the motion, but no motion for approval of the sale shall be considered until the expiration of the appeal period following the denial of the motion without an appeal having been filed. The trial court shall not vacate the automatic stay fol- lowing its denial of the motion during such appeal period. (P.B. 1978-1997, Sec. 4046.) (Amended July 23, 1998, to take effect Jan. 1, 1999; amended July 21, 1999, to take effect Jan. 1, 2000; amended July 26, 2000, to take effect Jan. 1, 2001; amended Oct. 10, 2001, to take effect Jan. 1, 2002; amended May 12, 2004, to take effect Jan. 1, 2005; amended July 26, 2012, to take effect Jan. 1, 2013; amended July 11, 2013, to take effect Oct. 1, 2013; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended March 15, 2017, to take effect June 15, 2017; amended July 23, 2019, to take effect Jan. 1, 2020; amended July 23, 2024, to take effect Jan. 1, 2025.)
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