Scotch Plains, NJ asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey

Q: If my friend buys my house at a sheriff sale can I still live in it.

A paralegal tells me I can not as this would be fraud. That sounds ridiculous to me as anyone can buy at a sheriff sale and how can they dictate who can live in the home thereafter. We are not relayand his name was never on any loans utilities etc

1 Lawyer Answer
Derek John Soltis
Derek John Soltis
Answered
  • Foreclosure Defense Lawyer
  • Jersey City, NJ

A: Any one that wins the house at auction from a sheriff sale becomes the owner of the house as long as they pay the balance owed to the sheriff on the auction. Yes, fraud does happen at sheriff auctions, but without knowing the specifics of your deal with your friend I would not make a blanket statement whether it was fraud or not.

You may want to look at a short sale prior to the sheriff sale. Talk to an attorney to go over your options, not a paralegal. If a paralegal is giving you legal advice it would be considered the unauthorized practice of law and can get the paralegal, and their law firm in hot water while giving you advice that may cut off your rights to your home.

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