Surviving wife just asked for her second stay and there are 3 adult children who also have a vested right to the home in foreclosure. May they each request a 2, 2 week stays? Thank you!!!
Their right to the home does not vest unless they own it or you die and leave it to them With you alive and them just in the will, their interest is not vested.
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What do you mean by a "vested" right? Are they on the title?
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I'm not certain if what you read was accurate, in my experience the homeowners get two stays and that is it. Call a foreclosure attorney as soon as possible. You can click the "Find a Lawyer" link at the top to find one inf your area. Good luck.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in New Jersey and my answers are based upon the law in that jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
I agree with Mr. Higgins. N.J.S.A 2A:17-36 says "A sheriff or other officer selling real estate by virtue of an execution may make two adjournments of the sale, and no more, to any time, not exceeding 14 calendar days for each adjournment. However, a court of competent jurisdiction may, for cause, order further adjournments.". Once two adjournments have been granted, the sheriff is prohibited from granting any more. It doesn't matter who makes the request.
You should also note that the statute does not require a sheriff to honor an adjournment request. I've never seen one denied, but I've always been curious what would happen if a sheriff said no.
This answer is given for educational purposes only. I don't know nearly enough about your case to make any advice I give you reliable. Unless and until I agree in writing to become your lawyer, nothing I say should be interpreted as legal advice.
The sheriff has the discretion to grant two 2 week adjournments of the Sheriff's Sale at the defendant's request. The plaintiff can ask for additional, almost unlimited , stays. The Court can grant the defendant additional stays over the objection of the plaintiff and the Sheriff. A Bankruptcy can also act as a stay of the Sheriff sale under many circumstances.
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