Can I live in my house after a sheriff sale? How long can I live in home after a foreclosure sale?

Описание: Can I live in my house after a sheriff sale? How long can I live in home after a foreclosure sale?
Hi. My name is Veer Patel. I'm a NJ Foreclosure Defense attorney and partner at Patel, Soltis and Cardenas Attorneys at Law. I practice foreclosure law in the state of New Jersey. Today's question is: "Can you still live in your house after a foreclosure?" The simple answer is, "Yes you can still live in your house after foreclosure." How long can you live there is normally the next question we get after answering the first question. And the answer to that is "That it depends."

In New Jersey, after someone has been foreclosed, there are two types of occupants in a home.

1. You have TENANTS who are they're subject to a lease agreement. Whether it's world or written, and;
2. Then you have the OWNERS that are there because they had possession of the property before the foreclosure. And continued to maintain possession after the foreclosure was completed.

At a foreclosure sale we're gonna use a typical mortgage foreclosure sale as an example. When the sheriff auctioned off the property. You can have two types of buyers that can buy the property.

1. The bank/lender buys the property as no one bid high enough to became the winner of the property at auction and the bank would rather sell it themselves outside of the foreclosure auction, or;
2. A third party purchaser that purchases the property.
Either way both of them have to get possession. They can do this in one of two ways. The judges in the state I believe have conferenced on this and they're trying to make the ejection process more uniform. Depending on which Vicinage you may have the bank exercising one of the ways to remove someone from the property using the special civil way.

A lot of times you'll see in the foreclosure action of motion for possession which is the actual foreclosure action itself. After the motion of possession is filed and granted you'll see a writ of ejection. The writ of ejection then permits the purchaser to have the sheriff have you removed.

This can take several months. In this time you are still allowed to live in the home that has been auctioned off.

The other way to do remove a former home owner, which has been done in counties like Hudson and Essex is going through the Special Civil Division. Doing what is called an ejectment action. It's not a landlord-tenant action; it's an ejectment action. It's in order to show cause that basically tells the court:
1.You know I am the owner,
2. I purchased the property at sheriff auction
3. You are not the owners any more, but you used to be the owner,
4. You are not tenants,
5. There's no lease agreement, and;
6. You are there without permission.
As the former owner you are supposed to leave once that's presented to the court and then served on you. However, if you choose to stay, then the process will continue with the court.

There will be a return date for a court hearing. At the return date there'll be a judgment entered for possession. There are rare defenses in this situation. Then, similarly, a writ will be issued to the sheriff. The sheriff will be given the writ. There's a filing fee involved. The sheriff will schedule the lockout date. If you do not leave, then the sheriff will come and lock you out.
So those are the two ways that you can those are the two ways that banks or purchasers can remove people, but in the meantime you can you stay in your home. You can stay until possession is no longer yours up until the sheriff locks you out of the property.

There are ways to get additional time and possession. Like, contacting the purchaser and asking for a cash for keys arrangement. If you know that the sale time is running out but it's not yet run out you still have options.
Call 201-256-1805 or email [email protected]
https://focusedlaw.com/can-i-live-in-... Attorney Advertising
The Disclaimer: This video is not meant to be legal advice. It is for informational purposes only. Although we are attorneys, we are not your attorneys. If you are facing an issue related to this video or any other videos on our channel, you should seek advice from an attorney.