How can I object to a foreclosure sale?

Asked 4 months ago - New Port Richey, FL

My property was sold during foreclosure auction on April 17. On Feb 3, the judge extended the sale date 90 days, however, a few days later I received documents showing a March 21 sale date. We requested the extension, but were only granted until April 17, still short of the 90 days originally granted. We had a short sale contract but the bank would not work on it because they did not have enough time before the sale date. The clerk of court's office has confirmed the date should have been granted but they only tell me that I should file a motion to object to the sale. Of course, I only have 10 days from April 17 so 5 days are already gone. Is there a form I can download and modify to file the objection since it clearly an error on the part of the court?

Attorney answers (4)

  1. Daniel Tam

    Contributor Level 16

    3

    Lawyers agree

    Answered . With your house so close to sale, why not consult with an attorney at this point?

    Please note that no attorney-client relationship is created by my answers to questions on the Avvo forum. My... more
  2. Alfonso J Juarez

    Contributor Level 5

    1

    Lawyer agrees

    1

    Answered . You need to file an objection to sale immediately. The objection should contain all the facts of why the sale should be vacated, i.e. the Court granted you a 90 day extension but because of error the sale date was extended only 60 days, it should also include that your working on a short sale. There is no specific form, its called drafting an objection to sale with the specific facts of your case.

    In any event, you need to consult a foreclosure attorney who is familiar with the procedures in your circuit. Good luck.

    Please note the information provided herein is for general information purposes only. The information is not... more
  3. Brice Zoecklein

    Contributor Level 7

    1

    Lawyer agrees

    Answered . When your dealing with a bank you need to make sure to get everything in writing. Any agreement or statements by your bank that may have caused you to forbear taking any actions may be relevant to a judge and in some circumstances can lead to an extension of the foreclosure sale.

  4. Shawn B Alexander

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with the previous answer and if you had an extension you need an attorney ASAP to enjoin the sale and comply with the previous order. In any event you will need to get moving and get help fast if you are going to have any hope if the sale can be set aside. Do not expect the lender to just agree to a continuance and the court to agree that it was their mistake. Your attorney will need to convince the court and overcome the objections of the lender.
    Good Luck

    Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If... more

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