We won an auction of a home that was postponed twice. After the 10 day redemption, the owner files a motion to vacate. After around 2 months the judge decides to deny the motion and we are instructed to pay the balance. We received the sheriff deed after 2 weeks and purchased insurance on the house. The former owner decides to file for Chapter 13 a day after we contact her to inform her. I paid for that house and now she is telling me we can't go in for inspections. I'm being told that we can't do anything until her filing is done. She had so many opportunities to file earlier and now her anger is aimed at me in texts. She blames me for her husband's passing as well. What rights do I have?
Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared. If your facts are correct, you can have her evicted. You need to retain the right type of attorney to handle this matter for you. You need an experienced mortgage foreclosure and bankruptcy attorney to handle this matter for you. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
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The "gavel rule" applies in the bankruptcy. The Sheriff's sale is final when the gavel goes down at sale In Re Connors 3rd Circuit 2007. The debtor's right to redeem was extinguished when the motion to redeem was denied. This is a complicated fact pattern and you need an experienced bankruptcy attorney to obtain relief from the automatic stay in bankruptcy so you can return to State Court to evict the non-tenants.
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