Received a 5-day notice to vacate on 2/15/13, what can I do to stop or delay the eviction? 8 Answers as of February 20, 2013

House sold in trustee sale. Have discovered fraud in the mortgage documents they used to foreclose so would like to sue for wrongful foreclosure. What can I do or file to stop or delay the eviction?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You may only have time to file a bankruptcy to stop sale and litigate these issues. You may want to speak to a local attorney asap.
Answer Applies to: New York
Replied: 2/20/2013
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
Probably nothing. You may have a remedy against the lender. You should have acted sooner seeking relief from the Court before the foreclosure.
Answer Applies to: California
Replied: 2/19/2013
Kevin J. Connolly
Kevin J. Connolly | Kevin J. Connolly
Make motion to vacate the judgment of foreclosure and sale due to fraud. Request a stay of the eviction. Go to clerk's office for forms.
Answer Applies to: New York
Replied: 2/19/2013
Ken Love Law | Kenneth Love
You need to get an attorney ASAP. Depending on what state you are in, it may already be too late.
Answer Applies to: North Carolina
Replied: 2/19/2013
Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
You have waited too long to stop the eviction. The 5 day notice is issued by the sheriff after the owner has already obtained an eviction judgment from the court. You can file a lawsuit to try and set aside the foreclosure based on the alleged fraud, but you will need tens of thousands of dollars to pay a lawyer to wage that fight. Moreover, if a third party bought to home at the foreclosure sale, you will not be able to get the property back unless you can prove that the buyers knew of the fraud.
Answer Applies to: California
Replied: 2/19/2013
    Phyllis Voisenat, Esq.
    Phyllis Voisenat, Esq. | Phyllis Voisenat
    You need to file an action for wrongful foreclosure and seek a temporary restraining order and injunction to stop the eviction. I've seen a lot of problems with JP Morgan Chase and entities who were assigned mortgages from out of business companies. You must act fast.
    Answer Applies to: California
    Replied: 2/19/2013
    Stephens Gourley & Bywater | David A. Stephens
    In Nevada you file an affidavit to get a hearing on the eviction, but you really need to file suit for wrongful foreclosure and get a stay of eviction in that suit.
    Answer Applies to: Nevada
    Replied: 2/19/2013
    STASCH LAW LLC
    STASCH LAW LLC | Sarah Stasch
    In Washington, unless there were defects in the Trustee sale itself, your remedy is limited to monetary damages after a trustee sale. In almost all cases, you would have had to bring an injunction before the property was sold.
    Answer Applies to: Washington
    Replied: 2/19/2013
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