Can a real estate auction of an estate be stopped?

Answer 1

I am assuming you are asking about an estate auction due to foreclosure proceedings, so that's the standpoint I will be coming from in this post.

The short answer is yes: an auction can be stopped. But most methods used to stop a foreclosure sale are only useful for temporarily postponing the auction. The only way to stop all foreclosure auctions on your property is to either pay off the full amount of the loan, or bring the loan back into good standing through a reinstatement (paying for all missed payments, late charges and fees). You can also ask your lender if you qualify for any assistance programs such as a forbearance (repayment) plan or a loan modification.

That being said, there are a couple ways you can force the lender, attorney, or trustee to postpone an auction. The first is to file bankruptcy. If you file a bankruptcy, the creditor (your bank) must either A) wait until the bankruptcy is dismissed, B) wait until the bankruptcy is discharged, or C) file a "Motion for Relief" which asks the bankruptcy judge to allow them to proceed with the foreclosure auction. The second way to force a postponement of the auction is to file a lawsuit against the bank. If you challenge the foreclosure in court, the bank must fight the lawsuit before proceeding with the sale of your property. This only works in the states that have what is called a "nonjudicial" foreclosure process. If you are already being foreclosed upon through the court system in your state, then this method will most likely not work.

Disclaimer: I am not a lawyer. Nothing in this post constitutes or is intended as legal advice, and should not be used as such. If you have further questions, consult a licensed attorney in your state.

Answer 2

I am assuming you are asking about an estate auction due to foreclosure proceedings, so that's the standpoint I will be coming from in this post.
The short answer is yes: an auction can be stopped. But most methods used to stop a foreclosure sale are only useful for temporarily postponing the auction. The only way to stop all foreclosure auctions on your property is to either pay off the full amount of the loan, or bring the loan back into good standing through a reinstatement (paying for all missed payments, late charges and fees). You can also ask your lender if you qualify for any assistance programs such as a forbearance (repayment) plan or a loan modification.

That being said, there are a couple ways you can force the lender, attorney, or trustee to postpone an auction. The first is to file bankruptcy and it most likely a chapter 13. If you file a bankruptcy, the creditor (your bank) must either A) wait until the bankruptcy is dismissed, B) wait until the bankruptcy is discharged, or C) file a "Motion for Relief" which asks the bankruptcy judge to allow them to proceed with the foreclosure auction. The second way to force a postponement of the auction is to file a lawsuit against the bank. If you challenge the foreclosure in court, the bank must fight the lawsuit before proceeding with the sale of your property. This only works in the states that have what is called a "nonjudicial" foreclosure process. If you are already being foreclosed upon through the court system in your state, then this method will most likely not work.