Could you sue a leading company for selling your house before a set amount of days weren’t up yet?
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Could you sue a leading company for selling your house before a set amount of days weren’t up yet?
My fiance went to court in July and the judge gave him 120 days that ends some time in October. Well our home was sold a auction on the 6th of this month. It was in the Marion county Court in Florida and I believe the date was the 6th of July but don’t quote me on it. And he is on a fixed income,was in the military and is 100% disabled and would be homeless because we can’t afford to find a new home or enough time to do it.
Asked on September 16, 2017 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your question lacks sufficient specifics to really answer. That said, if the situation was that he and you defaulted on a loan and were foreclosed upon, if a judge specifically "stayed" any sheriff's sale of the home for 120 days, to give your fiance time to redeem the home by paying the arrears, then the lender could not sell it in violation of the court order; if they did, he should go to court IMMEDIATELY on an "emergent" (think "urgent" or "emergency") basis for a court order rescinding the the sale and/or seeking monetary compensation for the violation of the court order. Court orders are enforceable as per their plain terms. Going to court on an emergent basis can be procedurally complex; your fiance is advised to seek an attorney to help him.
If the court order was not actually violated by this, then there may be nothing you can do: again, court orders are enforced as per their terms.
If this does not answer your queston or address the situation you face, please repost your question with more detail.
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