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I received a letter from the Sherriff… now what?

August 25, 2006

Don’t ignore it… you may be very close to losing your home. A Sherriff will only get involved in a Foreclosure for two reasons. They will either give you paperwork from the Court that you are being sued for a Judgment or your eviction papers.

Court papers will typically give you 30 days to file an appearance or a response to a suit. The Mortgage Company is trying to get a Judgment against you for the amount of your Mortgage. This is the first step in taking your home. If they successfully get the Judgment they then can obtain a “Sale Date” and sell your home at an auction. We can give you paperwork to ask the Court for an extension. This extension will request an additional 30 days to file a response. That extra time should be used to determine a course of action to get the deficiency resolved with the Mortgage Company and to get the home out of Foreclosure. You still have plenty of time to get this resolved but only if you act quickly and decisively.

If you are handed eviction papers that means your home has already been sold at auction. Your only option at this point this to determine if your State provides a redemption period. This redemption period allows you to purchase the home back from the highest auction bidder. This will mean that you will have to obtain financing from another lender which is usually very difficult under these circumstances.

American Foreclosure Specialists can help you keep your home. We can negotiate with your Mortgage Company on your behalf allow you to stay in your home at a payment you can afford.

This entry was:
Posted By Darin at 04:20 PM
Comments (5) | Categories: Judgements, Court Documents, Sheriffs Sale | Tags: judgment court documents sheriff sale
 

Comments

My home has been foreclosed on and I have been issued a citation in eviction. I contacted the court to try and get my court appearance rescheduled, so that I might secure an attorney or a place to live and a way to get my things moved. I was told that I had to file a motion of continuance, which I have no idea how to do. Then the court clerk told me that the law in Texas states you must vacate within 5 days of your appearance! I thought if I explained to the judge that I have no money, no place to go, and my medical problems are keeping me from finding a job, that he might give me an extension. I called the attorney representing Wells Fargo, and the attorney's assistant said that he could give me another 10 days basically. He also said that Wells Fargo will not agree to assist me with the cost of vacating, nor will they give "cash for keys". I have 5 bedrooms, 3 kids, 2 pets, 4 years, and 3500 sqr. ft. of home to move in a very short time, with no place to go, and no money or credit to find a place, or move my things, if I did find a place. I am heartbroken, and scared for myself and my children. Do you have any suggestions?
Posted By Sherry on August 06, 2007 at 12:01 PM
I am so sad to hear this...... We are in the same situation now! No place to go and no money. We got an ARM loan, and the rates just kept going up. Then I lost my job. How are you now? I pray that you and your family are ok
Posted By Deb on March 10, 2008 at 02:19 PM
NEVADA: WE DID NOT RECEIVE A NOTICE OF DEFAULT DATED NOV 7TH THIS WE DISCOVERED FROM A SOLICITATION FROM A FORECLOSURE SPECIALIST. THE POST OFFICE SAID I WOULD NEED THE NUMBER TO TRACE THE ITEM THEN THEY COULD STATE THE DISPOSITION AS DELIVERED OR SENT BACK TO SENDER. WE ARE SCARED TO DEATH.
Posted By ADLAIDIE WALKER on January 31, 2009 at 02:17 PM
if a bank has a judgement on your house and the mortgage company forcloses on you and then they buy it at the auction will they have to settle the seperate judgemant first
Posted By reuben on October 26, 2009 at 12:51 PM
Does a commercial lien stop a foreclosure proceeding or sheriff sale?
Posted By Etela on November 14, 2011 at 05:51 PM

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