QUESTION
Is a Temporary Writ of Restitution and Eviction postponed until the Court hears an Emergency Motion to Rescind?
Asked on Dec 01st, 2012 on Foreclosures - Nevada
More details to this question:
Original owner since 1995 with 15 yr note completed every trial plan for loan modification. Lender took 4 years to drain the equity and foreclose. During this time, lender forged a deed, committed fraud, back dated documents and did not notify of sale. Was told by Trustee there was no action pending on the day of sale. Was not properly served and blindsided when served Temp Writ of Restitution and Eviction. Home burglarized that night. After the lock out, property manager provided keys to retrieve essentials and remove property. Presently, I have filed an Emergency Motion to Rescind the above Temp Writ to be heard in January 2013. Does this suspend the Temp Writ and can I move back home until the matter is heard? Also, after my filing the Emergency Motion, the property manager has asked for the keys back but I believe they may attempt tear out. Not sure what to do.
1 ANSWER
R. Christopher Reade
The answer to your question regarding whether eviction is automatically stayed is no. You should file an Emergency Motion on Order Shortening Time to allow reentry of the premises. Unfortunately after the foreclosure, you could have petitioned the Court for injunctive relief to stay any eviction. Even once the Eviction occurred, you could have petitioned the Court to stay the eviction pending reconsideration or appeal. At this time, after lockout has occurred, your road to injunctive or temporary relief is much more limited now.
You should further be cognizant not to waive appellate deadlines which may apply to your Order and which are not tolled by a "Motion to Rescind."
Answered on Dec 03rd, 2012 at 1:49 AM