What happens after a Judgment is entered?
Once a Final Judgment is entered, the home will be set for sale at an auction. The sale usually takes place 28-40 days after the Final Judgment of Foreclosure. The timeline will depend on the county you live in and the facts of your case.
If you need more time to move before the sale date, you should go to the final hearing to ask the court for more time. You should explain any special circumstances that would make relocating difficult.
You have 10 days after the auction to object before the court will issue title to the new owner.
You can file a document with the court called an “Objection to Foreclosure sale” to ask the judge to set aside the sale. You should not object to the sale just because you are angry or unhappy about the foreclosure. The court setting aside a sale is rare.
There has to be a legal reason in order for the judge to set aside the sale. There might be a legal reason if the procedures for advertising the sale were not followed. The judge may also set aside the sale if the sale bid was shockingly low or if the low bid was the result of a mistake or fraud.
If you file an Objection within 10 days, the judge may hold a hearing on the Objection. The judge will determine whether the foreclosure auction was proper. If the judge agrees with your Objection, the auction would be set aside. Title would not transfer to the bidder. The judge might have the sale rescheduled, depending on why you objected to the sale.
After your home sells and title is transferred, there is a short period of time before the court will issue a “Writ of Possession.” This is a notice that the sheriff will put on your door, giving you 24 hours to leave the property. At this point, we recommend you leave by the deadline given on the notice. If not, the sheriff will return and force you to leave.
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