QUESTION
Can a homeowner being foreclosed on ask for a motion to stay AFTER the home has been sold at auction?
Asked on Apr 01st, 2014 on Foreclosures - Maryland
More details to this question:
To make this horribly long story short, here are the main details: -Wife and I purchased the home through a Short sale. -Sale was not outside of the window to short sale, house went to auction -Homeowner claimed he never got the right to mediation, requested mediation -Court did not stop the sale, we purchased the home at auction -Homeowner filed "Exceptions to the sale" claiming he was not notified of his right to mediate. -Homeowner was granted mediation after the sale -Homeowner did not show up to mediation. So my question is, does he still have the right to "Stay" the foreclosure, even though he was eventually granted mediation AFTER the sale at auction? He complained about how he didn't get the right to mediate, and they allowed him to mediate. Thanks for all your help!
1 ANSWER
Personal Injury Attorney serving Fall River, MA
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You cannot ask for relief from stay to stop something that has already happened. Depending on the litigation laws of foreclosure in your state, will determine if you have any recourse after the sale date. In Massachusetts you can actually fight for possession of your house after foreclosure sale, but this is not true in every state, you should contact an attorney in your state who handles foreclosure defense. A chapter 7 bankruptcy or chapter 13 bankruptcy automatic stay does not help a debtor after foreclosure sale.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Apr 01st, 2014 at 10:23 AM