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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2349
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Served foreclosure papers on Sept 3rd 1998. Received sale

Customer Question

Served foreclosure papers on Sept 3rd 1998. Received sale notice this week to sell on court steps on Nov 15th.Can they sell it? I have a lawyer.
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: NY tons of paper.
JA: Has any paperwork been filed?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: Going to my lawyer today
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 month ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 1 month ago.

Unfortunately, after the Judge signs a judgment of foreclosure and sale, your home will be sold by the Referee at an auction sale at the courthouse to the highest bidder. The plaintiff puts a notice about the auction in a newspaper at least 30 days before the auction date. If you did not file an Answer, the plaintiff does not have to tell you about the auction. In any event, it has to be at least 30 days notice.

You can stop the sale at any time up until your home is sold if you come up with the money owed to the plaintiff. You can also ask the court to stop the sale by making an Order to Show Cause. But once the sale is complete, you lose your home. You will get notice of when you have to move out.

We can continue to discuss this if you want to do so. Sorry about the news. I know the answer is not quite what you wanted to hear but at least you know what can happen. Best regards

Customer: replied 1 month ago.
Call me .
Expert:  Damien Bosco replied 1 month ago.

I provided you the premium service offer at your request. You can select it if you want to speak on the phone.

Customer: replied 1 month ago.
no thanks good bye
Expert:  Damien Bosco replied 1 month ago.

Okay. If you have further questions later, you can let me know.

Expert:  Damien Bosco replied 1 month ago.

You can ask the Court to stop the sale by making an Order to Show Cause if you have a good reason, like:

  • You have the money owed
  • You are in the middle of refinancing your home with a loan that will cover the mortgage and other costs
  • You have found a buyer for your home and have an offer for a sale
  • You have filed for bankruptcy

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