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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27591
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I have an appeal pending on a foreclosure with a stay order

Customer Question

I have an appeal pending on a foreclosure with a stay order and the judge entered a su sponte auction date
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. Do you know why the Judge set a date for the auction? Was the foreclosure contested? Was that was the basis for the appeal?

Customer: replied 1 year ago.
No reason. There is a stay order from the appellate court. What should I do next? The basis for appeal is fraud in court
Customer: replied 1 year ago.
Should I file a new appeal with the new order? Can I file appeal on emergency basis
Customer: replied 1 year ago.
Can I add this order to the existing appeal?
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the additional information. If the Appeals Court issued a stay on the proceedings, a motion should be filed with the circuit court to cancel the sale, showing the Judge that the appeals could ordered that no action should be taken. Moreover, the plaintiff should strongly consider canceling the sale and not proceeding as well, with a pending appeal, since if the home is sold, irreparable harm could be done. It is possible that the circuit court judge was unaware of the stay order so if you can share and provide it, they may cancel the sale at this point, since the higher court ordered the stay.

Expert:  LegalKnowledge 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!