On my "Writ of Assistance" papers (home foreclosure reason) there is no court date?

Asked almost 2 years ago - Knox, IN

My home was up for sheriff sale on 11 / 27 / 2012 , it wasn't sold so the mortgage company is whom wants possession of property via there lawyer . The sheriff served me papers on 2 / 18 , first page is the " writ of assistance " , next page was titled " order for writ of assistance " , also served was " motion for writ assistance " . The " order for writ . . . " was clear that the sheriff was to evict me . I am confused ! First , why did the officer just serve me the papers and not remove me , as the motion clearly stated ? Second , There is no court date and any paper ? They all 3 have cause numbers also . I know i have to move , but honestly i wanted to drag it out as much as I could due to there are no rentals at all . will i get a eviction note ? or court date ? was the officer supposed to evict me upon serving ?

Attorney answers (1)

  1. Eric Charles Lewis

    Contributor Level 18

    Answered . When the court grants the motion and orders the issuance of the writ, you will be evicted by the sheriff. You should be ready to leave.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal... more

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Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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