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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32362
Experience:  Began practicing law in 1992
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Trying to file a motion to stay an eviction after foreclos

Customer Question

trying to file a motion to stay an eviction after foreclosure
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
The most obvious solution is a bankruptcy, since that automatically stays any efforts to evict her until the bankruptcy court allows it which takes a while (typically).
However, there are a couple of issue I need to inquire about.
First, you state your mother has dementia and you are operating under a POA. To give a POA a person has to be "of sound mind". Is your mother competent or does she have the type of dementia that is continuous?
Was the foreclosure judicial (through a lawsuit) or non-judicial?
Also, if she is not competent, how long has she been like this? It may be that if she was not competent during the foreclosure process then it may be possible to reverse it.

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