Stopping Forced Property Sale

To stop a forced sale of a property you rent to your immediate family due to a divorce decree in New York, consider the following:
- Consult with a Divorce Attorney: They can provide specific guidance based on the divorce decree.
- File a Motion to Stay the Sale: This can temporarily halt the sale while you seek a resolution.
- Negotiate with Parties Involved: Mediation might help reach an agreement without selling the property.
Is there a specific deadline or court order you are dealing with?

Your mother can take the following steps to try and stop the forced sale:
- File a Motion to Stay the Sale: This will pause the sale process.
- Request a Hearing: Present new facts to the judge, such as the occupancy of the home by her grandchildren.
- Seek Legal Counsel: A lawyer can assist in presenting a strong case.
Is there a specific timeline or immediate deadline you are facing?

Here are the legal steps your mother can take to stop the forced sale:
- File a Motion to Stay the Sale: This temporarily halts the sale process.
- Request a Hearing: Present the new information about the occupancy by your children.
- Seek Legal Counsel: A lawyer can help draft the motion and represent your mother's interests effectively.
Is there an immediate deadline or court date coming up?

To file a Motion to Stay the Sale in New York after a divorce is finalized, your mother can follow these steps:
- Consult an Attorney: Essential for guidance and proper drafting.
- Draft the Motion: Clearly state reasons, including new facts.
- File with Court: Submit the motion to the court that handled the divorce.
- Serve All Parties: Ensure all involved parties receive a copy.
Is there a court date or deadline you are facing soon?

It sounds like a pressing situation. Your mother should immediately:
- File an Emergency Motion to stay the eviction.
- Request a Hearing to present the new information and your intent to purchase.
- Consult with a Family Law Attorney for specific guidance.
Is there a set date for the eviction?

Your mother should:
- File a Motion to Reconsider or Modify the Sale Order: This will allow her to present new evidence about your family's residence.
- Request a Hearing: Clearly state that the judge was unaware of the occupancy.
- Consult with an Attorney: They can help navigate these legal steps effectively.
Is there a specific date set for the sale?

Here's a simplified example of a Motion to Reconsider the Sale Order:
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STATE OF NEW YORK SUPREME COURT
COUNTY OF [Your County]
[Your Mother’s Full Name],
Plaintiff,
v.
[Other Party’s Full Name],
Defendant.
Index No.: [Index Number]
MOTION TO RECONSIDER THE SALE ORDER
[Your Mother’s Full Name],
Plaintiff,
TO: THE HONORABLE [Judge’s Full Name], SUPREME COURT JUDGE
MOTION TO RECONSIDER THE SALE ORDER
Plaintiff, [Your Mother’s Full Name], respectfully moves this Court to reconsider the sale order of the property located at [Property Address]. In support of this motion, Plaintiff states:
*. New Evidence: The Judge was not made aware that Plaintiff’s grandchildren currently reside at the property.
*. Best Interests: The forced sale would result in significant hardship as the Plaintiff’s grandchildren and family members have no alternative housing.
*. Intent to Purchase: Plaintiff is actively seeking a loan to purchase the property and prevent displacement.
WHEREFORE, Plaintiff respectfully requests thatthis Court reconsider and modify the sale order to allow sufficient time for Plaintiff to secure financing and purchase the property, or take other appropriate actions to prevent the forced sale.
Dated: [Date]
Respectfully Submitted,
[Your Mother’s Full Name]
[Your Mother’s Address]
[City, State, ZIP]
[Phone Number]**
---
Please consult with an attorney to ensure all legal requirements are met. Is there anything else you need help with?

In New York, if a court orders the sale of a rental property due to a divorce, the tenants (even if they are family members) may need to vacate unless a stay or motion to reconsider is granted.
Would you like guidance on filing an emergency motion to stay the eviction?

Withholding information from a divorce judge about your immediate family living in a property that is court-ordered to be sold is not advisable and could be considered fraudulent. Full disclosure is crucial in court proceedings.
Would you like more details on how to address this issue legally?

Case Rating: *
To address the issue legally, consider the following steps:
- Amend the Motion: File an amended motion to include the omitted information about the family living in the property.
- Present New Evidence: Provide the court with new evidence about the occupancy and the impact of the sale.
- Legal Counsel: Consult with an attorney to navigate the legal complexities.
Do you need help drafting the amended motion?

Yes, you can check if the family living at the property was mentioned by reviewing the court's case file. Here's how:
- Access Court Records: Visit the courthouse where the divorce case was filed and request to see the case file.
- Online Case Search: Check if the court offers an online case search tool.
- Consult an Attorney: They can assist in accessing and reviewing the records.
Need help with a specific part of this process?

You can access court documents for the New York Supreme Court in Cattaraugus County, which includes Little Valley, through the New York State Unified Court System's website.