Quote: I think you should go see a Bankruptcy lawyer .Filing Bankruptcy may stop the eviction ,and your lawyer can file Motion to Set Aside the Judgment and the Sale. It seems you have some valid defenses. It is regretfully that you waited to the eleventh hours to react to the lawsuit.
If a person is served with a lawsuit, it is important to respond to it in the time frame required by the Court. If there is not enough time to search for legal advices, a Motion for Time Extension can be used to ask the Court for another few weeks to reply to the lawsuit
Not a legal advice. Consult an attorney
Ann, you are way out of your depth!
lphelps is describing a non-judicial sale, hence the substitute trustee's deed.
There is NO JUDGMENT to set aside. The sale was already OVER when lphelps posted the message. What was coming the next morning was an ejectment action for possession of the property.
The way to PREVENT a sale in non-judicial states is either (a) file for Bankruptcy BEFORE THE SALE, and/or (b) Bring an action in court as a plaintiff and seek a TRO to stop the sale. These need to be done BEFORE THE SALE IS CONDUCTED.
Once the private sale is actually complete, alternatives narrow. If the sale was so fundamentally defective that the substitute trustee's deed conveys no title (e.g. the Ibanez situation), then the distressed borrower need do nothing at all EXCEPT to prepare to attack the defective deed at the ejectment proceeding.
If the sale was properly conducted with regularity in conformance with the contractual provisions of the deed of trust and statutes, then the only real recourse is an action as plaintiff for wrongful foreclosure, should there be a basis to do so.
You state "It seems you have some valid defenses." What might those be?
The borrower is in an absolutely horrid position. There is nothing in the post that suggests that there was a valid defense had the borrower acted in a timely way. Acting now, AFTER THE FACT, the borrower's prospects are far more grimm.
There might be some valid reasons for this borrower to file Bankruptcy. STOPPING THE SALE is NOT one of these. THE SALE ALREADY HAPPENED.
It is really dismaying that you have been a participant at the Forum this long and haven't caught on to even the rudiments of how foreclosures happen in non-judicial foreclosure states.
It is better to SAY NOTHING that to give blatantly incorrect information.
While it is a GOOD IDEA for the borrower to consult an attorney, HIRING an attorney to try to set aside the sale is probably a matter of tilting at windmills.
Sometimes, a borrower's best course is to move on and get the matter behind them. This borrower MIGHT HAVE HAD some viable avenues, but under the very best of circumstances, the deck is stacked against borrowers in non-judicial foreclosure states. A distressed borrower facing a non-judicial foreclosure has a tough time defending when the borrower starts early (as in immediately upon default). This borrower would stand far better chances putting the same money into lottery tickets than spending money on a lawyer in hopes of saving a home that has ALREADY BEEN SOLD.