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Automatic Stay and Foreclosure Sales

Section 362 applied to a pending sale

Last updated September 18, 2026

Short answer

A pending foreclosure is a classic stay event. If an in rem stay-relief order was entered in a prior case against the property, a new filing may not stop the sale. Confirm prior-case history before relying on the stay.

Companion to the automatic stay page, focused on sale dates. Notify the foreclosing attorney and the auctioneer. State non-judicial sales can move quickly; see the state foreclosure pages.

How Brock & Stout can help

We check PACER for prior in rem orders, file, and notify the sale participants. We cannot guarantee a last-minute filing will reach the auctioneer in time.

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