Q: What shouId do after I file a Motion to Cancel a Foreclosure Sale with a judge and it turns out to be ex parte?
I won a foreclosure auction for my grandparents and they have already paid in full. Unfortunately, a few days after the sale they realized they couldn't afford the purchase because they didn't do a thorough accounting of their finances. I called the Clerk and asked if there was any way to cancel the sale and get a refund. She said the only way would be to submit a Motion to Cancel a Foreclosure Sale to the case and the judge overseeing it. I asked if this could be in the form of a letter to the judge and she confirmed. We submitted such a letter and now when I search the county records for this case the most recent update shows ex parte correspondence to a judge and the case has been Reopened. Do I have a chance of canceling the sale? If not, is it possible to retract the Motion?
A: You need to get an attorney immediately. This is not a basic legal question and requires action on an attorneys part as well as research.
A: You should see a foreclosure attorney immediately. Make sure that the attorney(s) actually do see cases through to trial verdict. Some attorneys in that field only file motions as delay tactics but dont put up any real fight... essentially, if someone offers you something too good to be true, like keeping you in your house for ~$300/mo you should look for someone else.
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