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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102350
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My mom received a notice of foreclosure, impending eviction

Customer Question

My mom received a notice of foreclosure, impending eviction and tenants rights notices on her door today in the notice it said it directs the sheriff to evict her from the property effective 30 days after the entry of the order,my mom has dementia and im trying to see if there is any way is it possible to get an extension of about 60-90 days so i have time to get here out of there
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Your mother's condition in itself does not give more rights to someone in her situation. However, the fact that she has dementia can be used to argue that she did not understand what was happening and thus, was not served correctly and does not have capacity to represent herself in Court.

What someone in your situation wants to do is to file a Motion to Stay (which is a type of motion asking the court to "pause" any eviction) as well as Motion to Set Aside Default Judgment (if she defaulted on a judicial foreclosure). One also possibly has to file in Court to get guardianship of her formally. This would all require counsel so an attorney is highly, highly recommended. Filing such actions can help buy a little time.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.