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My mother in law's home was sold at forclosure auction in…

My mother in law's home...
My mother in law's home was sold at forclosure auction in central Florida three days ago. She was never notified (served any paperwork).
Can we officially contest it?
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Answered in 41 minutes by:
3/16/2018
Andrew
Andrew, Lawyer
Category: Real Estate Law
Satisfied Customers: 385
Experience: Attorney
Verified

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Yes you can contest this. In order for any judgment to be valid there has to be valid service.

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Customer reply replied 5 months ago
Do we just type up something and send it to the clerk of court?

I would contact the attorneys involved immediately and let them know that your mother-in-law had no notice whatever and determine how they served her you can also go to the district court and get a copy of the case file to determine exactly what is going on.

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You will have to file a motion to vacate the judgment and sheriff's sale based upon lack of service. I strongly suggest hiring a local attorney to do this.

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Before going to all that expense I would make sure that the mother-in-law did not receive notice of the foreclosure and that you have a valid way to vacate the judgment. If you are wrong you could be subject to even more attorney fees.

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Did you have any further questions that I could answer? If not I would appreciate it if you would rate my answer (5 stars is appreciated). Thank you!

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Customer reply replied 5 months ago
She lives with us. She has dementia. We all lost most of everything in the hurricane. No way would we be able to afford an attorney. Thank you though.

You can do it yourself it just that there are so many pitfalls. In order to get good service you only have to serve somebody at her residence generally who is 18 or older. So she does not have to actually be served as long as someone 18 or older receives it at her residence.

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You can file a motion asking that the judgment and sale be overturned because she was never served. If she was served you can state and give evidence that she has dementia and had no idea what she was receiving.

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She would also be entitled to notice of the sale and confirmation of the sale. This is a really difficult situation sorry to hear about. Please don't forget to rate me its the only way I receive credit through JustAnswer.

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If more issues crop up please contact me! Here is the link to my profile:

https://www.justanswer.com/law/expert-expert-andy/?rpt=3800

Ratings are at the top of the page! Good luck!

Andrew
Andrew, Lawyer
Category: Real Estate Law
Satisfied Customers: 385
Experience: Attorney
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