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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 26357
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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The house I live in is scheduled to be sold in a sheriffs sale

Customer Question

The house I live in is scheduled to be sold in a sheriffs sale at the end of next week, due to unpaid mortgages. The original owner who took out the mortgages is a relative who left the country a few years ago due to a messy divorce case.
The notice posted on the house says that the sheriff's sale may possibly be stopped if a petition is filed asking the Court to strike or open the judgment if the judgment was entered improperly. Also, it says it's possible to ask the court to postpone the sale for good cause, or using other legal proceedings.
I want to do something to stop the sheriffs sale scheduled for the end of next week. How would I go about stopping the sherriff's sale?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year 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 morning. You are going to have to have a legal basis to support it. If you have been living in the home, you are going to be view simply as a tenant, so would need to asset a legal right or interest that would give you a basis to halt the sale of the home. This is going to be hard to do, since any issue with the mortgage and note have to be asserted by the owner and just because you are living there, does not give you a right. I know it was not what you were hoping to hear but you would need to try and assert some right as a tenant, to stop the sale. If something directly effects you as a result of this, you can try and show good cause. However, if you just need more time to relocate, that may not be enough.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  RealEstateAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

If I file anything, it would be under the owner's name, since the person who took out the mortgages said they would like to see the process slowed down. Hence, I would not have the limitations of you are describing. Tell me how I would go about slowing down the process with that piece of info in mind.

Expert:  RealEstateAnswer replied 1 year ago.
The problem is that you can not file anything under his name, unless you are licensed to practice law in PA. The unauthorized practice of law is illegal, so nothing can be filed by you, under his name. You can only file something as your name, as a tenant, based upon your standing. I know it is not what you wanted to hear and are only trying to help him out but if you did this and appeared in court, the motion would not only be denied by the Judge can sanction you.
Customer: replied 1 year ago.

I'm not looking for a lecture on "ethics". If there were real ethics governing the field of law, then lawyers would not be charging people astronomical sums of money and driving them into extreme poverty. I'm looking for information on how to delay the foreclosure sale. I have already filed a lot of stuff for this person in other legal cases and I've been fine. Obviously, I would not be going to the courtroom to be in this person's place. That much is very obvious.

Expert:  RealEstateAnswer replied 1 year ago.
Certainly, I understand. I am going to opt out and another expert may be able to better assist you. Please hold on and thank you for understanding.
Customer: replied 1 year ago.

For anyone else answering this question, I have already made it clear what information I am looking for.

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