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  1. #1
    Join Date
    Sep 2010
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    478

    Default Re: Eviction Lock Out

    Quote Quoting Mr. Knowitall
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    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.

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

    Default Re: Eviction Lock Out

    Quote Quoting despritfreya
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    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.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default 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.

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