ExpertLaw.com Forums

Will Bankruptcy Prevent a Lock Out After Foreclosure and a Sheriff's Sale

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 01-23-2018, 11:00 PM
    Egeo
    Will Bankruptcy Prevent a Lock Out After Foreclosure and a Sheriff's Sale
    My question involves bankruptcy in the state of: New Jersey. I am desperate. Please help. My home sold at sheriff sale. I have been trying for months to communicate with the company that purchased my home. It is a very long story how it got to this point. I have Multiple Sclerosis and am disabled. The lock time is 10 am today. Is there anything at all that I can do not to be evicted today. I am not able to leave the house. Please help. Will Bankruptcy get me an extension at all. Can they evict me being disabled.
  • 01-23-2018, 11:12 PM
    jk
    Re: Eviction Lock Out
    Yes they can evict you if you are disabled (although there may be some assistant ace through some local municipal sources. Contact your city hall or equal office)

    bankruptcy won’t do anything of you are already being removed. It’s all said and done and decided by the time it gets to that point. It would be too late to file at this point as well. Telling them you are filing bankruptcy doesn’t mean anything. Until you actually file, you haven’t filed.

    As you said yourself; it’s a long story as to how you got to this point. This didn’t happen overnight. Your time to act was long before it came down to being physically removed from the property
  • 01-24-2018, 03:25 AM
    Egeo
    Re: Eviction Lock Out
    A lawyer yesterday that filing bankruptcy would help. He even gave me the price for his fee. I don’t understand why he said that
  • 01-24-2018, 04:10 AM
    despritfreya
    Re: Eviction Lock Out
    Quote:

    Quoting Egeo
    View Post
    A lawyer yesterday that filing bankruptcy would help. He even gave me the price for his fee. I don’t understand why he said that

    This is a pretty convoluted issue. I direct you to 11 USC 362(b)(22) as it relates to a landlord that has a judgment for possession. I then direct you to 11 USC 362(l) as it relates to getting the Automatic Stay to apply for 30 days. Other than that, you need to find another place to live as even if you file bk, you may only delay the inevitable for 30 to 60 days.

    You can google the bankruptcy code references above to read what each says.

    Des.
  • 01-24-2018, 04:25 AM
    Egeo
    Re: Eviction Lock Out
    Thank you.
  • 01-24-2018, 06:22 AM
    Mr. Knowitall
    Re: Eviction Lock Out
    Quote:

    Quoting despritfreya
    View Post
    ...as it relates to a landlord that has a judgment for possession.

    The statement, "My home sold at sheriff sale", makes me think that this is a foreclosure, not a landlord-tenant matter.
  • 01-24-2018, 07:00 AM
    Taxing Matters
    Re: Eviction Lock Out
    Quote:

    Quoting Mr. Knowitall
    View Post
    The statement, "My home sold at sheriff sale", makes me think that this is a foreclosure, not a landlord-tenant matter.

    But the OP indicated that home had already been sold and I'm guessing there is no redemption possible here. Once sold in the foreclosure the OP holding over would have to be evicted, just as a tenant would. So I suspect the answer works out the same even though, as you point out, the homeowner is not technically the OP’s landlord.
  • 01-24-2018, 07:04 AM
    despritfreya
    Re: Eviction Lock Out
    Quote:

    Quoting Mr. Knowitall
    View Post
    The statement, "My home sold at sheriff sale", makes me think that this is a foreclosure, not a landlord-tenant matter.

    Possibly - then there would be no judgment for possession. Owner will just file a Motion for Relief so that it/he/she can move forward with the eviction proceeding and obtain a judgment for possession. If so, and if the Motion is filed within days of the filing of the bk, OP is still looking at a delay of about 60 days.

    Des.
  • 01-24-2018, 07:19 AM
    jk
    Re: Eviction Lock Out
    Quote:

    Quoting despritfreya
    View Post
    Possibly - then there would be no judgment for possession. Owner will just file a Motion for Relief so that it/he/she can move forward with the eviction proceeding and obtain a judgment for possession. If so, and if the Motion is filed within days of the filing of the bk, OP is still looking at a delay of about 60 days.

    Des.

    They are locking op out today. That means they are exercising a writ of possession. The judgment alllowing that writ would have been entered awhile back.

    The property has been sold at a sheriff’s sale. There is no process to interrupt with a bankruptcy. Everything is final other than removing the prior owner. They are not tenants subject to eviction under landlord tenant law.



    Thugged from a New Jersey attorneys website ;


    If the defendant does not voluntarily leave the property, the purchaser must apply to the Court for a Writ of Possession. The Sheriff’s Office will serve the Writ upon the defendants which will advise the to vacate the premises within a particular period of time. If the defendant has not vacated by the stated date, the attorney for the purchaser must set a date to have a moving van sent to the property and have the defendants personal belongings removed and stored in a place of safe keeping. the costs of the moving and storage are the responsibility of the purchaser.


    If they are coming to lock the doors the writ has already been served and this is the owner coming to remove the prior owner.


    Regardless, even if that was applicable, if they are coming at 10 am to move op out, unless the Bk is filed, it’s not filed and that means no stay of process. Unless op has a time machine I don’t see any way to stop her bing removed this morning.



    I guess i could be speculating and misinterpreting the op’s statement and that there was no writ or pososession or that the sheriff is serving it today but given the hard date and time, it really sounds like this is the owner coming to remove the op.
  • 01-24-2018, 09:52 AM
    Mr. Knowitall
    Re: Eviction Lock Out
    The OP posted two threads. In the other, I suggested contacting legal aid and her bankruptcy lawyer ASAP.

    If she's lucky, although authorized to act at 10 AM this morning, the plaintiff will delay taking action such that she has time to consult with lawyers and figure out her options; but at this late stage, no question, her legal options will be limited.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 04:25 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved