Q: My commercial building already sold at auction. Trying to get a stay.
The referee's Oath & Report of Amount Due were not signed or notarized. Was this a requirement on their part? Is it cause to get a stay or vacate the sale?
A: I cannot tell if you are a tenant in the commercial building or if you are the owner of the commercial building. If you are a tenant, eviction proceedings must be commenced against you by the purchaser at auction before you may be evicted. If you are the owner, the Referee must sign and it is likely that the signed copy was filed with the court. You may check with the court's website to see if the document was e-filed and properly signed.
A:
Was the referee's oath submitted in court? Was there a timely objection to it? What were the grounds for the foreclosure?
See: http://www.aeesq.com/business-law/foreclosures/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: No. You are too late. These are technicalities that do not void the sale.
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