How to Reverse a Sheriff Sale With a Lawsuit
When you get behind in your mortgage payments and can't find a way to meet your obligations, your property may be foreclosed on by the bank. Once your rights to the property are taken, the property can be sold at auction. In some states, the law requires a sheriff to be present at the auction. Once your home is sold, you can file a lawsuit alleging that the sale wasn't valid for certain reasons, like a low sale price or incorrect advertisement prior to the auction.
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Instructions
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Research the requirements for a sheriff's sale in your state. In many states, auctions must be advertised for a certain number of weeks prior to the sale. If they aren't, you may have reason to sue for the sale to be invalidated. You can also allege that the sale price for the property was much lower than the amount of your mortgage, invalidating the sale.
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File a complaint with the court where the property is located, stating that the sheriff's sale wasn't valid. You can get a complaint form from the clerk of court. Name the mortgage holder and the sheriff as codefendants. Write your reason for placing the suit as either inadequacy of the sales price or irregularity in the conduct of the auction. Check the box on the form that says you plan to notify the defendants by certified mail. Accept the writ of summons when you pay the filing fee. It includes your court date.
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Send notice of the suit to the defendants, following the notification procedures required by your state. The defendants are your mortgage holder and the sheriff. Send the summons, complaint and any supporting documents to the defendants by certified mail.
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Print copies of the sheriff sale laws in your state. Bring proof of the remaining balance on your mortgage and the details of what the property was sold for to show the judge that the sale price was very far below the outstanding balance or that the sale was conducted improperly under state law.
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Attend the hearing and argue your case for reversing sale.
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Tips & Warnings
Mortgage companies have lawyers to defend them, so hiring a lawyer to represent you makes the process easier.
