Can I be Removed from my Home After a Monmouth County Sheriff Sale in a Foreclosure by an Order to Show Cause for Ejectment?
Ejectment of a homeowner after a sheriff sale can be contrary to Equity and Law and may violate Due Process Rights. Once your home has been sold at a sheriff sale following a foreclosure, it is only a matter of time before you will have to move. However, you still have rights as a homeowner, and there is a process that needs to be properly followed before you can be legally evicted. The new owner cannot remove you without an Order form the Court.
- Learn more about Eviction after Foreclosure in New Jersey
Once the new owner of your home receives the deed, they need to obtain a Writ of Possession before they can legally evict you from your home. This is a legal court document that orders the Monmouth County Sheriff to remove any occupants from a home that has been sold at a sheriff sale. The sheriff will then notify you of the date you have to vacate the premises. You do not have to leave until notified by the Sheriff.
The New Owner is Filing an Order to Show Cause for Ejectment. Does This Mean I Have to Move Out Sooner?
The process of obtaining a Writ of Possession can take months, which buys more time for the previous owner to figure out their next move, but can be inconvenient for the new owner. For this reason, the new owner will sometimes try to take a shortcut by filing an Ejectment Action, or Order to Show Cause for Ejectment, in Landlord Tenant Court. This is a method of removing an occupant other than a tenant, and is an attempt to force you to move out faster than you would through a Writ of Possession. The law in New Jersey is not totally clear on this issue, but there are clear arguments that a homeowner cannot be removed through an Ejectment after a Sheriff Sale.
Contact Us To Discuss Monmouth County Ejectment Actions
If your home has been sold in a Monmouth County sheriff sale and the new owner is filing an ejectment action in an attempt to quickly remove you from your home, call the law office of Ira J. Metrick today. We can help you fight this process and force the new owner to take the proper steps to get possession of the property.