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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.