QUESTION
Received a 5-day notice to vacate on 2/15/13, what can I do to stop or delay the eviction?
Asked on Feb 18th, 2013 on Foreclosures - Washington
More details to this question:
House sold in trustee sale. Have discovered fraud in the mortgage documents they used to foreclose so would like to sue for wrongful foreclosure. What can I do or file to stop or delay the eviction?
5 ANSWERS
Probably nothing. You may have a remedy against the lender. You should have acted sooner seeking relief from the Court before the foreclosure.
Answered on Feb 19th, 2013 at 10:53 PM
Kevin J. Connolly
Make motion to vacate the judgment of foreclosure and sale due to fraud. Request a stay of the eviction. Go to clerk's office for forms.
Answered on Feb 19th, 2013 at 10:28 PM
1 Award
You have waited too long to stop the eviction. The 5 day notice is issued by the sheriff after the owner has already obtained an eviction judgment from the court. You can file a lawsuit to try and set aside the foreclosure based on the alleged fraud, but you will need tens of thousands of dollars to pay a lawyer to wage that fight. Moreover, if a third party bought to home at the foreclosure sale, you will not be able to get the property back unless you can prove that the buyers knew of the fraud.
Answered on Feb 19th, 2013 at 10:21 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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You need to get an attorney ASAP. Depending on what state you are in, it may already be too late.
Answered on Feb 19th, 2013 at 10:20 PM
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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In Washington, unless there were defects in the Trustee sale itself, your remedy is limited to monetary damages after a trustee sale. In almost all cases, you would have had to bring an injunction before the property was sold.
Answered on Feb 19th, 2013 at 10:02 PM