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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 16165
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Is there anyway to postpone an eviction after home was sold

Resolved Question:

Is there anyway to postpone an eviction after home was sold in a Foreclosure Sale?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 11 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. Was the home bought by a third party or the lender? Have they filed for eviction yet? How long have you been in the home since it was sold?
Customer: replied 11 months ago.
Lender, I received a letter from attorneys representing the bank saying I had 3 days to vacate. This was not a certified letter. The realtor for the bank is not returning my calls. I just need a few months or at least 2 to save enough for a move. Please tell me there's something I can do. I don't have the money to pay for an attorney. Is there anything I can file pro se to postpone this eviction?
Expert:  RealEstateAnswer replied 11 months ago.
Once you are served with the eviction papers, you can file an answer/response and raise any defenses which you may have. If you do not have any, you can see if the bank would agree to allow you to stay for an additional two or three months as a tenant and pay them rent. They have no legal obligation to allow this and even if you were to plea your hardship and situation to the Judge, he/she may give you a few additional weeks, not months. When you appear in court, you can speak with the attorney representing the bank at that point, if you can not reach them ahead of time to try and work this out. In order to postpone the eviction, you need to have a legal basis to do it. That would go towards the manner in which the eviction was handled or if you are contesting the ownership interest of the bank, saying they lack the standing to evict. Situations like this are tough and tragic, so often it is compassion which will have to persuade the plaintiff, attorney and/or Judge to work with you and allow you more time.

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Customer: replied 11 months ago.
Is there a Motion to stay execution form I can file prior to being served eviction papers?
Expert:  RealEstateAnswer replied 11 months ago.
There is not since the issue would not yet be ripe. Until the lender actually decides to proceed, there is no cause of action or case filed with the court. Only after they file could you ask to stay the eviction.
Customer: replied 11 months ago.
What about the letter giving 3 days to vacate? Do you think that is a fishing tactic? I have a slip saying that there is a certified letter waiting for me at the Post Office from the same Attorneys.
Expert:  RealEstateAnswer replied 11 months ago.
It is a condition precedent to filing for eviction and must be done if they want to proceed. After the 3 days have passed, they could proceed.
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 16165
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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