Post-Foreclosure Attack On Writ Of Assistance (Eviction) Dismissed

By John D. Waller, Wooden McLaughlin LLP

A borrower-mortgagor’s challenge to a lender-mortgagee’s execution of a writ of assistance needs to occur in the state court foreclosure action, not in a subsequent federal court case. Even then, there’s not much the borrower can do about the writ, which essentially is the process to evict the former owner following a sheriff’s sale.

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