This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Practically speaking, as sheriff's sales are held on a particular day of the week in each county, each request is likely to adjourn the sale for 28 days. The statute also allows the plaintiff, often the mortgage company, to also request up to two (2) 30 day adjournments.
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All you have to do is head down to your county recorder's office and search for properties with a notice of default or notice of sale. These notices will be issued to those who are in the process of pre-foreclosure and will include the name and contact info of the property owner and the address.
To stop the sale and be admitted to the program, a motion must be filed with the Court and the homeowner should be prepared to explain why application was not made sooner and why they think the mediation would be successful.
The Plaintiff in the case may cancel or adjourn a Sheriff's Sale. Typical reasons for doing so include settlement or bankruptcy.
Fortunately, a law was passed in 2019 that ensures there is only a maximum of five adjournments during a sheriff sale.
The foreclosure sale will be conducted by a licensed auctioneer. The auctioneer will read various legal notices, descriptions, and documents pertaining to the property. The auctioneer will take bids on the property, take deposit checks, and accept the highest bid to close the foreclosure property sale.
If none of the bids were as much as the outstanding balance, the bank becomes the owner, and the property is known as "REO" - real estate owned (by the bank). You need to look up the deed and see who owns it now.
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Foreclosure auctions are a type of public sale where foreclosed properties are auctioned off to the highest bidder. This is usually done by the sheriff or a court-appointed referee. The auction is held at the county courthouse or on the steps of the property itself.