Can a person get a medical injunction to stop a sheriff property sale.

A friends house was foreclosed on. He is terminally ill, on oxygen 24/7. Is there a way to stop the sheriff’s sale of the property. He has no where else to go and to move would definitely cause his demise much quicker.

Asked on October 10, 2017 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the law is clear that a person's medical issues or other hardship does not let them out of their obligation to pay either property taxes or a mortgage (or HELOC or reverse mortgage) and that if payment is not made, the property may be foreclosed upon and sold, and the person(s) in the property (e.g. the former property owner) removed (forced to leave). Your friend's health issues do not let him live there without paying his obligations. Your friend may need to look into physical rehabilitation facilities, long-term care facilities, nursing homes or even (depending on how near his end may be) hospice facilities to take him in.


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