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How can you stop Sheriff sale.

Youngstown, OH |

Husband lost job 3 years ago, never received a lettter of foreclosure, only stating in default, yesterday recieved a letter, stating going to sheriff sale on May 8th... How long after sale do we have to leave the premises.

Attorney Answers 3


lots of other stuff came to the house during the foreclosure
do not know why you did not get it

unless someone has a job that will be able to pay the mortgage then you cannot stop

call your local LEGAL AID today
they may be able to help

you probably still have 4 to 5 weeks before eviction

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If you file a Chapter 13 bankruptcy with a repayment plan on the mortgage arrearage, that will stop the Sheriff's sale, but you have to file before May 8th. You may also be able to get an emergency injunction on the sale for lack of due process, but unless Legal Aid or another pro bono attorney does that for you, it will cost extra out of pocket and you'll probably wind up going to the bankruptcy anyway (assuming you are behind on the mortgage).

Good luck.

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The property must sell at the Sheriff's sale. Then the Plaintiff must file a confirmation of the Sheriff's Sale. This usually takes several days. Then the plaintiff must file a praecipe for a writ of possession. The Sheriff will then post the voluntary move out date. Usually 3-5 days. If you do not move out by the voluntary move out date, the Sheriff will inform Plaintiff and teh plaintiff will then schedule a moving company and coordinate with the Sheriff to placec your possessions to the curb. This usually take s a week. So from the date of teh sale you may have as long as three weeks. But you will be advised of the dates up through the voluntary move out date.

You still have an opportunity to file a motion for relief from judgment today and ask for a stay. You may also be in a modification review which requires a stay of teh Sheriff's sale. Or you could file a chapter 13 to stay the Sheriff's sale.

P.S. I tried to send this message on 5/6/2012 but it did not post I apologize for the delay.

Every legal situation is unique and foreclosure defense involves a major asset, You should consult an attorney anytime you are involved in a lawsuit. The answer provided is merely general information and not intended to create an attorney-client relationship

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