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Can I ask for a determination of hardship in an eviction?

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TSLehman

Junior Member
What is the name of your state (only U.S. law)? New Jersey

The house I am living in has been foreclosed on due to nonpayment of the mortgage. I am the tenant, not the homeowner, but I have been identified as a defendant in the legal papers that were mailed to me. The Sheriff's Sale is coming up in a couple weeks. I made arrangements to move, but the place I was supposed to move to fell through at the last moment. I'm having a great deal of difficulty finding another place to move to because I have bad credit and I earn very little money. My health is also not good, and I’m 60 years old. I need more time to find another place to live.

Can I get a Stay of Sheriff’s Sale? And should I cite hardship, or that something that's done only after a Judgment For Eviction and a Warrant For Removal has been issued?
 


FarmerJ

Senior Member
As a tenant you still have to be given proper notice to vacate SO you said you were listed as a defendant in the paper work , well if you don't own it then id say to send a certified letter to who ever sent you that set of documents and remind them you are a tenant only. Even if this place is sold you do not have to leave that fast, If you owned it then I can see the foreclosure manager also trying to get a eviction order but that would be from the courts. SO as a tenant you too are entitled to proper notices and that includes being notified of a change in ownership. ( while this place has been in foreclosure had you been current with your rent too ? )
 

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