Gustav -- Important Information about Home, Auto and some other Foreclosures!
by: Southeast Louisiana Legal Services (New Orleans office)
IMPORTANT HURRICANE GUSTAV HELP FOR HOME & AUTO FORECLOSURES! Southeast Louisiana Legal Services, D. Koen, Sept. 17, 2008.
Was your home or vehicle foreclosed on or scheduled to be auctioned (sold) between August 29, 2008 and September 12, 2008?
Louisiana Governor Bobby Jindal issued an emergency order because of Hurricane Gustav. This order (Executive Order BJ 08-92) says that legal deadlines do not count for the time between August 29, 2008 and September 12, 2008. That means:
No foreclosure sales should have been held during that time.
Homeowners whose homes were scheduled to be auctioned (sold off) during that special time period should get in touch with their Sheriff's Office right away to see if and when these sales will be rescheduled. (Some numbers are below.)
Sale notices issued during the special time period cannot be acted on right away. If you got a notice (writ) of seizure and sale during that special time period, you should contact an attorney for help in fighting the sale.
If your home was sold during the time period covered by Governor Jindal's executive order, contact an attorney right away to see if something can be done to help you. See Law help's Legal Program Directory for a list of organizations that give free legal help to low-income people.
There may also be problems with Jefferson Parish Sheriff's foreclosure sales scheduled for September 17, 2008, as explained below. Foreclosure sales of movables (like cars and boats) must be advertised in a newspaper at least 10 days before the sale. The executive order means the time between August 29, 2008 and September 12, 2008 cannot be legally counted. A foreclosure sale of a vehicle or boat scheduled for September 17, 2008 needed to appear in the newspaper by August 28, 2008. An owner of a movable up for auction on September 17, 2008 should check to see when the advertisement appeared in the newspaper and contact an attorney right away to try to protect the owner's rights.
Property owners served between August 29, 2008 and September 12, 2008 with a notice of seizure should contact the sheriff's office right away to see if and when their property is scheduled to be auctioned. These property owners may wish to contact an attorney immediately to try to protect their rights.
Owners of property that was already foreclosed on and was scheduled to be auctioned in parishes other than Orleans and Jefferson should check with their sheriff's office immediately and regularly to see if and when the property will be sold.
Even with the Executive Order, you still have to pay your house note or note on a car, boat, etc. If you are having a problem paying your house note, get in touch with your mortgage company right away to see if you can get help. Don't agree to pay an amount you can't afford. Beware that even if someone from the mortgage company says that the company will work with you or will let you make your payments later, the mortgage company may go back on its word.
If the mortgage company agrees to give you relief, try to get the agreement in writing and get it signed by you and get it signed by the mortgage company. Even this signed agreement does not mean the mortgage company will stick to the agreement. It is best to have a lawyer help you work things out with your mortgage company.
Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for where you are. The information in this web site is not guaranteed to be up-to-date. The information in this web site cannot replace the advice of competent legal counsel licensed in your state.
Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.
Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such sites, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
E-mail. Viewing this Web site, or transmitting an e-mail message through this Web site, does not create an attorney-client relationship. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.
Click to hear a sound recording of this information.
