Can I ask for a determination of hardship in an eviction?

[AtWitsEnd2]

Jurisdiction

New Jersey

The house I am living in has been foreclosed on due to nonpayment of the mortgage. I am the tenant, not the homeowner, but I have been identified as a defendant in the legal papers that were mailed to me. The Sheriff's Sale is coming up in a couple weeks. I made arrangements to move, but the place I was supposed to move to fell through at the last moment. I'm having a great deal of difficulty finding another place to move to because I have bad credit and I earn very little money. My health is also not good, and I'm 60 years old. I need more time to find another place to live.

Can I get a Stay of Sheriff's Sale? And should I cite hardship, or that something that's done only after a Judgment For Eviction and a Warrant For Removal has been issued?

 

[army judge]

AtWitsEnd2, I sympathize with your plight.

However, a hardship claim for the reasons you cite, or even more dire reasons, will fall upon deaf legal ears.

However, you can reach out to the plaintiff's attorneys, and inform them of your dire circumstances.

The plaintiff's attorneys are the firm representing the lender or mortgage holder.

In many cases, a deal can be worked out to forestall your eviction even after the sale. If the lawyers are willing to make such an accommodation, don't expect it to get extended. Most people in your situation ask for 60-90 days to arrange their exit. In some cases, the firm can arrange a cash for keys exchange. That means you MIGHT be able to negotiate your departure for a fee.

In addition to the above ideas, try reaching out to social services, senior services, handicap services, local government, charitable groups, churches, and politicians. Ask for help. Until you ask for help, those you stand ready to help don't know you're facing this devastating crisis.

If you ask your family for help, you might be surprised at what a few concerned family and friends will do to assist you, too.

God bless.

 

[adjusterjack]

Can I get a Stay of Sheriff's Sale?

No.

And should I cite hardship, or that something that's done only after a Judgment For Eviction and a Warrant For Removal has been issued?

Hardship doesn't count.

However, NJ has a Foreclosure Fairness Act that might give you some breathing space.

The following article explains it.

http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/f_bulletin.pdf

The federal protection has been gone since the end of 2013 but the NJ statutes still exist and are at:

Rutgers School of Law - Newark: New Jersey Statutes

Rutgers School of Law - Newark: New Jersey Statutes

Read them, know them. Make sure you are getting the proper notices. But don't count on them to help much. Do your best to find another place as soon as you can.