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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20130
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I live in a family home where the original owners my

Customer Question

I live in a family home where the original owners my grandparents deceased and aunt was power of attorney and quit paying on home before they died but didn't tell anyone so I could make payment s. Now the bank has foreclosed and has given me a 24 hr. Writ of possession eviction. I was not notified of the sale of home and was incarcerated when the court hearing was so I couldn't attend. Now I'm a single mother with minor child and not enough time to get things done. Is there anyway to postpone evicition for just a couple if days
Submitted: 7 months ago.
Category: Legal
Expert:  Marsha411JD replied 7 months ago.


Thank you for the information and your question. You will have to immediately go to local attorney and discuss all the details of your case with them so that they can see if you have a legal basis to challenge the foreclosure. Without that basis an attorney won't have a legal reason to go to the court and ask for a stay of execution of the writ of possession. Some ways they might be able to stop, or temporarily slow down the process is if you are the legal heir to the property and did not receive notice of the foreclosure (assuming the process occurred after your grandparents passed), or some other related basis having to do with ownership. However, if you have been living rent free in a home that was not yours and you weren't entitled to take under inheritance laws, there would be no basis to stop the writ of possession. That said, the Company that has foreclosed may be willing to delay the execution of the writ if you, or an attorney, contacts them and asks for a few more days. But, that would be up to them and not a legal entitlement.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 7 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 25th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.