My Personal Property was Sold Without a Writ of Possession!

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If your mortgage was in default and your home entered the NJ foreclosure system, the end result is sale of the property at what is commonly called a sheriff’s sale. At the end of the foreclosure process, if you have not retained a NJ foreclosure defense attorney to help you keep your home, a judge will order the local sheriff’s office to sell the property at a public sale. All proceeds from the sale will be paid directly to your lender to help them recover at least some of the money they lost when your loan defaulted.

Many foreclosure clients wonder what will happen to all of their personal property inside the home after the sheriff’s sale. Without knowing your rights, you may risk losing valuable and sentimental items. Even for homeowners who have accepted the foreclosure of their home, the loss of everything inside the home may indeed be heartbreaking at a time that is already wrought with tension.

The legal angle here is that no one – not your lender, the sheriff’s office or the new owners of your home – has the right to remove your personal property without first legally informing you of their intentions to do so.

Writ of Possession: Translated

After your property is sold at sheriff’s sale (also commonly referred to as foreclosure sale), the law requires that a legal document called a Writ of Possession be filed before you may officially be forced to vacate your home. The same must occur before anyone may remove any of your personal belongings from the property.

If you have experienced the loss of your home via foreclosure, and subsequently, sheriff’s sale, you need to be served with a copy of this Writ of Possession before anyone can “kick you out of” your home.

The Writ of Possession is essentially an order directly from the court to the sheriff’s office, granting them permission to officially evict you (and all of your belongings) within one day. If you have been served with a Writ of Possession (they are typically required to be posted on the front door of the property), please be aware that you have 24 hours to vacate and to take anything with you that you wish to keep.

Sometimes distressed New Jersey homeowners are not formally living in the home at the time of the Sheriff’s Sale, therefore they do not receive proper notice regarding the Writ of Possession. If this has happened to you, and your personal belongings were removed from your home without warning, you may have a valid cause of action.

It is important that you retain the services of an experienced New Jersey attorney who specializes in mortgages (real estate matters) and foreclosure defense. This type of attorney will be an expert at dealing with the NJ foreclosure system and all of its nuances, which will translate to the best results for you and your family.

If you are currently struggling to pay your mortgage and would like to avoid foreclosure at all costs, your foreclosure defense attorney will be able to counsel you on how to keep your home. To schedule a free consultation with Veitengruber Law to explore your options, click here!

 

Image credit: Janet Hudson

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