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  1. #1
    Join Date
    Jan 2018
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    7

    Default 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.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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

  3. #3
    Join Date
    Jan 2018
    Posts
    7

    Default 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

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default 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.

  5. #5
    Join Date
    Jan 2018
    Posts
    7

    Default Re: Eviction Lock Out

    Thank you.

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Eviction Lock Out

    Quote Quoting despritfreya
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    ...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.

  7. #7
    Join Date
    Oct 2014
    Posts
    8,238

    Default 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.

  8. #8
    Join Date
    Sep 2010
    Posts
    478

    Default 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.

  9. #9
    Join Date
    Jan 2018
    Posts
    7

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

    I was able to get in touch with a lawyer early this morning. He told me to go and fill out the forms again for a stay and to ask personally for the judge to give me an extension because of my disabilities. At the very last second to judge granted me an additional month. I’m still in shock and numb. Yesterday I was in New York City getting my treatment for Multiple Sclerosis. The side effects are, the flu for 48 hours. I’m not sure which I am more sick from,treatment, or the eviction . I need to get myself in order and take care of things as soon as I am feeling better. I can’t express enough how much I appreciate the advice that I was given from so many people. For all of you to respond to a nobody like me, with honesty, kindness, and professionalism, is greatly appreciated. Thank you.

  10. #10
    Join Date
    Jul 2010
    Posts
    8,006

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

    You were able to get into the court and before a judge, who ordered a stay/extension, before they arrived at 10am to evict you? That's an efficient court.

    You need to hustle and find a new place real quick.

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