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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27251
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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The house I live in is in the latter stages of foreclosure.

Customer Question

The house I live in is in the latter stages of foreclosure. It is scheduled to go up for sheriffs sale at the end of next month. If the house gets sold at the end of next month, would I have to leave immediately? Or is there a separate process for an eviction? Also, is there anything I could do to slow it down, like perhaps file an appeal to a higher court (if I were to make a motion that is denied)?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years 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. If a foreclosed homeowner does not vacate the property following the foreclosure sale, the new owner may start a separate eviction action to remove him or her from the premises. Of course, the time you have really depends on if the buyer is the bank or a third party. You do not have to leave that day or the next day and would need to be given notice to vacate. If you refuse, then they would have to evict you, as shared above. As far as slowing down the process, if there is a legal basis you can try and cancel the sale or re-set it. Moreover, if it is sold, you could try and vacate the sale if there is a basis to support it as well. Now, if it is sold, you can file an appeal and that would likely stay the proceedings since someone will not want to take title if this is subject to additional litigation.
Customer: replied 2 years ago.

Is there anything I could do before the sheriff sale takes place to stall the process? I was thinking about making a motion to delay the foreclosure. 99.9% chance that such a motion would be rejected by the acting judge in the lower court, but I could then appeal that order denying the motion to the superior court. Would that work or no?

Expert:  RealEstateAnswer replied 2 years ago.
In order to file an appeal, you need to have a legal basis to support it. Just because a Judge denies a motion, does not mean a party can just appeal it without good cause and law on their side. Moreover, appeals are very costly and complicated, so it is a lot hard then you may think. If you want to delay the foreclosure, try and modify the loan if you have not or speak with the lender and see if you could even agree on an extended sale date, so you could have longer to vacate. Even a motion to delay has to be support with a legal basis and if there is none, the Judge will allow the sale to go through.

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