Sheriff's sale not properly advertised

[meperry]

What is the name of your state (only U.S. law)? Ohio

My sheriff's sale has already been conducted (two days ago), but I notified the sheriff's office prior to the auction that the property had not been advertised properly (it was only advertised twice instead of the required three times).

I'm wondering what my options are at this point -ideally I would like to at least have the sale thrown out so that it would have to be redone.

The goal here is time, we were originally filling for a deed in lieu but the bank dropped our application and sent us a letter informing us that we did not qualify. Because of that, we did not pursue it further. A week before the sale, in a conversation with the bank, we were told that we did in fact qualify, but could not re-apply due to the lack of time. Our application was apparently dropped because we failed to send them something - something we thought they were waiting on the courts for.

So -(1)buy precious time, and (2)get a deed in lieu rather than a foreclosure. That's the goal.

A local lawyer suggested possibly filling a "motion to vacate" -if I heard correctly, but I'm not sure where to begin with that. Any advice would be appreciated.

We are in Ohio (Lake county).

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

My sheriff's sale has already been conducted (two days ago), but I notified the sheriff's office prior to the auction that the property had not been advertised properly (it was only advertised twice instead of the required three times).

I'm wondering what my options are at this point -ideally I would like to at least have the sale thrown out so that it would have to be redone.

The goal here is time, we were originally filling for a deed in lieu but the bank dropped our application and sent us a letter informing us that we did not qualify. Because of that, we did not pursue it further. A week before the sale, in a conversation with the bank, we were told that we did in fact qualify, but could not re-apply due to the lack of time. Our application was apparently dropped because we failed to send them something - something we thought they were waiting on the courts for.

So -(1)buy precious time, and (2)get a deed in lieu rather than a foreclosure. That's the goal.

A local lawyer suggested possibly filling a "motion to vacate" -if I heard correctly, but I'm not sure where to begin with that. Any advice would be appreciated.

We are in Ohio (Lake county).

Truthfully hire an attorney. This is far too complicated for you to take on by yourself. And if the house has been properly transferred? You won't get much out of it.

 

[meperry]

Truthfully hire an attorney. This is far too complicated for you to take on by yourself. And if the house has been properly transferred? You won't get much out of it.

I wish I could, but handling it myself is the only option I have -complicated or not. I have 30 days before the sale can be confirmed, and the lawyer I spoke with told me that as long as I file something within the first week and a half following the sale I should be in time.

I realize it's complicated, but I thought that was the point of a forum like this.

 

[Proserpina]

I wish I could, but handling it myself is the only option I have -complicated or not. I have 30 days before the sale can be confirmed, and the lawyer I spoke with told me that as long as I file something within the first week and a half following the sale I should be in time.

I realize it's complicated, but I thought that was the point of a forum like this.

Truthfully, it's really not. The forum is intended to provide general information; we can't take you step by step through what is inevitably going to be a complex issue.