Separated in January of 2011. STBE granted possession of marital residence pursuant to a Consent Order filed with the court. In Consent Order, I was given only 2 occasions on which to enter marital residence to retrieve all my personal property. STBE has moved out of marital residence and into a new rental. We have been trying to sell home but foreclosure sale date is now looming. STBE has been either unresponsive in giving me required permission to access personal property.
Once foreclosure sale has occured, are her rights to exclude me from marital residence pursuant to the Consent Order extinguished by the transfer of rights pursuant to the foreclosure sale? Seems to me, once sale has occured she will have lost the right to exclude me and the purchaser’s rights are superior to hers (and mine as well obviously). But if I can work out a deal with new purchaser, will I still have to get STBE’s permission to access the marital residence, or can I enter freely (subject to rights of new purchaser) to get my possession out? I would, of course, still contact sheriff to let him know what I plan on doing but wanted to see if the sheriff’s office would understand the situation or would just look at the Consent Order only and still not let me in. I don’t have time to serve her with a show cause as to why she won’t let me in as new purchaser will almost certainly seek and eviction following the foreclosure sale. Thoughts?