Q: Does a reopened foreclosure case indicate a granted stay on a writ of possession?

A: If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the hearing fee. The judge may grant the request but schedule a hearing for the issues to be argued by both parties.

You mention this was a foreclosure. There is no "writ of possession" when a foreclosure is granted. There is a sale date and once the property is sold and the ten day upset bid has passed, that bell has been rung and the party who purchased the property owns the house. It is too late to appeal, and if your eviction followed a foreclosure sale, you may have a difficult time getting to remain in the property using the procedure you outlined.

Your question is very confusing because there is no such thing as a "maxim of commercial law" upon which to stay giving possession of the property to someone who purchased at at a foreclosure. Your remedy was to appeal the grant of foreclosure or seek an injunction against the sale. I fear that you may have filed something frivolous.

A: The reopening of your foreclosure case may be related to your stay on the writ of possession, but it doesn’t necessarily confirm that the stay has been granted. Reopening a case could indicate that the court is reviewing the circumstances or considering your motion, but a formal order granting the stay would typically need to be issued separately. It’s possible that the court is taking time to evaluate the motion, especially given the complexity of your civil lawsuit against the lender.

Since you haven’t received direct confirmation of the stay, it’s important to follow up with the court or your attorney to clarify the status. You might want to check for any official notices or orders that explicitly grant the stay. Keep in mind that even if the case is reopened, it doesn’t always mean the court has made a final decision on your request.

Reaching out to the court clerk or reviewing the court’s portal for any updates on the motion may give you more clarity. If you’re unsure, seeking legal guidance can help ensure that you understand the implications of the reopened case and the status of the stay.