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What is an Order TO VACATE SALE AND CERTIFICATE OF TITLE in a Foreclosure proceeding?

Hialeah, FL |

Our Home was set for Foreclosure sale on 6/3/10. Shortly thereafter the Plaintiff requested a Hearing for Motion TO VACATE SALE AND CERTIFICATE OF TITLE. The Order was granted by the Judge on 10/20/10. What does this mean? Are we able to save our home or will we be asked to move soon?

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Attorney answers 1


A Motion to Vacate Sale and Certificate of Title is a request to the Court to rescind the foreclosure sale and the issuance of the certificate of title to the buyer. Your question does not explain what the judge's order specifically provided, however your representation that it was "granted" suggests that the judge agreed to have the sale vacated. This will probably give you an extension of time to remain in your house until the bank fixes whatever problem exists with its foreclosure process. If an attorney filed the Motion to Vacate on your behalf then s/he should explain all this to you.

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