Legal Question in Real Estate Law in Ohio
house going to auction
My son and his wife have been working with a new mortgage company to save thier house. Today they got a call from them stating that they need 10,000 by monday or thier house will be sold at a sheriffs auction on tues1/22/08, and that if they don't have the money that they need to move before tues. My son has 3 small children 7, 18 months and 3 months. Is this legal? Is there anything that they can do to save thier house?
1 Answer from Attorneys
Re: house going to auction
Dear Frightened Homeowner: You do NOT have to move out!!! This so-called mortgage company is doing nothing more than frightening you and working to help themselves to your money!
You will not be required to move, until after the public sale - Sheriff's Auction, and only then will you receive notice and a reasonsable number of days (perhaps 30 or so) to move out.
In the interim, if you file bankruptcy, that will stay all legal proceedings against you and it may take up to three years for the Court, depending on its docket (schedule), to set the case for hearing and foreclosure. Even then, your Attorney may be able to negotiate a "short sale" with the lender, which ,may help you stay in the house and resume payments. If you cannot afford to do so, or to pay for an Attorney, contact your local Legal Aid Society for an experienced Attorney to represent you.
Please contact and retain an experienced real estate attorney ASAP to guide and help you, since this matter is too complicated for non-lawyers to handle properly.
Good luck.
Sincerely,
J. Norman Stark
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
