Q: What does a motion to stay do for defendant after a foreclosure, and writ of possession has already been filed?
I electronically filed a motion to stay with the court, and it was approved. This happened after the Plaintiff already had a Sheriff's auction and obtained my home, as well as they filed a Writ of Possession. If it was electronically filed and approved, does this mean that judge approved it or what are the next steps to take? How long does a motion to stay last, if it WAS approved?
A:
The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the homeowner's right to redeem their real property. That is why it is called a foreclosure. The Plaintiff is foreclosing the right to redeem.
A stay received at this point in the proceedings is stopping the Sheriff's Sale from being confirmed and is allowing the homeowner an opportunity to redeem their real property. In order to redeem the real property you will have to pay the amount of the judgment, interest accrued, and the cost of the Sheriff's Sale. You will also have to pay the Purchaser interest on his deposit or purchase price.
This type of a stay does not last long, i.e. 30 to 60 days.
The electronically filed motion to stay came back "approved". May, depending on the county, only mean that the Clerk approved you transmission for filing. You should contact the Court to see if your motion to stay was granted.
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