Home is foreclosed. Auctioned in July, redemption period over. Bank wants us out in 30 days, we need 45. What can we do?

Asked over 1 year ago - Grand Ledge, MI

Auction scheduled 10 / 2011 , took place 7 / 2012 . We were never informed auction had occurred , nor offered a chance to redeem . Received eviction papers two weeks , found a new place . Cannot move in until 4 / 19 , bank wants us out 3 / 25 . We got an adjournment for 1 week to seek legal advice . Added to all that , my mother lives with us and is disabled plus has stage 4 colon cancer .

Attorney answers (4)

  1. Justin Gerald Grove

    Contributor Level 5

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    chosen by asker

    Answered . I agree with the previous answers and would advise you to seek counsel to assist you. The amount of time you are seeking is reasonable and you may be able to negotiate with the eviction attorneys. If you have been served with the eviction complaint you will need to answer the complaint and file any affirmative defenses you may have. Simply defending your eviction may buy you the time you are looking for. If you have any further question please feel free to contact me at (248) 744-5005.

  2. Allan M. Darish

    Contributor Level 12

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    Lawyer agrees

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    Answered . If an order of eviction has not yet been entered, by all means obtain an attorney and see what can be worked out. You may want to offer the bank 1 month's worth of rent for the extension. The benefit to them is that you will be turning the property over to them after the chance of cold weather bursting the pipes has passed, so they can perhaps turn around and sell it before Winter returns. You need to get to a negotiated agreement, because ultimately, the bank is entitled to possession, and the fact that you need more time is not relevant to them or the judge. Hiring an attorney makes that more likely. Good luck!

  3. Gary D. Strauss

    Contributor Level 6

    Answered . You should seek counsel as soon as possible. In addition to the fact that there are defenses to the eviction and underlying foreclosure, the trial judge might well give you the additional time. When you say you received eviction papers, do you mean you received an actual writ that states you have to be out by a certain date, or is that just what they are asking the court to approve?

    This response is general information and not legal advice, and does not create an attorney-client relationship.... more
  4. Sean Patrick Lewis

    Contributor Level 17

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    Lawyer agrees

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    Answered . I would do exactly what was suggested by the adjournment, which is to seek legal advice. You should contact a real estate attorney as soon as you can. Also, try to ascertain whether the real estate attorney has experience in disabilities, and (if not...) contact an attorney experienced in that area of law, in case there is relief that may help you.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more

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