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Sheriff sales date published- are the sale dates firm? Can it be delayed?

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  • Sheriff sales date published- are the sale dates firm? Can it be delayed?

    Quite by accident we learned our house is now on the list for sheriff sale in Decmeber- by way a a form letter from a short sale realtor! How firm are the sale dates? Aren't we supposed to be officially notified? What tactics may help slow the process?

    Does it help that I'm presently unemployed and couldn't modify a loan if I wanted to?

    Any thoughts would be appreciated.


  • #2
    one will usually get an "official" notice, but if you see it up on the sheriff's sale site, i would consider it done. i have heard this happen before to people although most states you are suppose to be given official notice.

    judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. so your lender MUST go through the court system and you should have been notified all along the way???? you should have been served and been able to go to court and usually the judges who don't like to see people in the streets many times attempt to have the banks work with the parties. however, if you never answered the summons i don't know what you can do at this point. it usually take some time period before it gets to the actual sale date, which means it was scrutinized by the court system and all the paperwork was in order for the lender to proceed to this level.

    do you have an atty??? if you do, i would call right away and see if there is some way to stop this if you didn't get properly notified.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


    • #3
      Generally, the Sheriff sale date's are firm. You will probably get your official notice soon.

      What is the goal here...are you trying to keep the house, are you just trying to buy time to delay moving....?

      Note, your inability to pay is WHY they are foreclosing, so arguing that you can't pay (e.g. unemployed), isn't really a good thing to do.

      Illinois is a judicial foreclosure state. As such, if you contest the foreclosure in some way, that may buy you some time. Realize, it is a court proceeding, so you need to have a good faith basis for whatever defense you try to bring (as noted above, inability pay only admits that you can't pay, which is not helpful to you).

      In a situation like your's, if the goal is to keep the house, you need sufficient income, plain and simple. Until you get it, there is no meaningful way to ultimately save the home. With a sheriff date set, you are now on the clock. If you do eventually get a high enough paying job or other source of regular income, you could then file chapter 13 bankruptcy to save the home (all things being equal), but you would have to file the chapter 13 prior to the sheriff sale date.
      Last edited by HHM; 02-05-2013, 05:42 PM.


      • #4
        Well things worked out for the best. I got a new job, we are renting a new townhouse in the same neighborhood and quite happy.

        The house sold at the sheriff sale for $385k. A no-name realtor has it listed "as-is" for $382.5k. What do you make of that?


        • #5
          Originally posted by DWA134 View Post
          Well things worked out for the best. I got a new job, we are renting a new townhouse in the same neighborhood and quite happy.

          The house sold at the sheriff sale for $385k. A no-name realtor has it listed "as-is" for $382.5k. What do you make of that?
          People buy houses at foreclosure sales sight unseen. The house may need work and not really be worth what it sold for. Either that, or the realtor is hoping for offers higher than asking. Setting a low ball asking price may attract more potential buyers and multiple offers.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


          • #6
            Congrats on the new job and everything falling into place.

            Keep On Smilin'


            • #7
              I did some digging. It seems the bank, PNC, bought the house back. Probably has the realtor on the cheap and to your point keeping the price low to attract buyers. It needs work including mechanicals. We held our breath whenever the furnace fired up hoping it wasn't gonna blow! If anyone pays more than $282.5k they're gonna regret it!


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