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Foreclosure eviction - When do you have to move out?

If your home is sold through a foreclosure auction and the buyer gets full ownership to the property, there are chances that you may be evicted from the house. Read through the sections below to know about the various aspects of a foreclosure eviction.

Foreclosure eviction process - How long can you occupy the home?

The amount of time you can stay in the property after foreclosure varies from one state to another. It also depends on how long it takes to complete the foreclosure. Generally, the owner is first served with summons. At the hearing, if the owner is proved to be in default, the judge grants Summary Judgment and sets up a foreclosure auction. The court then issues a Certificate of Title to the new owner 10 days after the foreclosure sale. Once the new owner receives the Certificate of Title, he can start the eviction process and obtain an Order of Possession in about 2 weeks time. He can then serve you a 3-day Notice to Quit and have the Sheriff evict you from the property, unless you are entitled to a redemption period under the state laws.

Does the homeowner have a right to get back the property?

There are some states which offer a redemption period to the homeowners who wish to keep the property, but do not currently have the means to stop foreclosure. It gives them more time, during which they can buy back or redeem the property on payment of the mortgage dues plus the foreclosure costs. State laws regarding the redemption period vary. Some states provide lengthy redemption period (about 1 year), while others provide a short time period (approximately 6 months). However, a redemption period is allowed only in case of a judicial foreclosure.

Renter eviction after foreclosure - Is it possible?

In case you are renting a property and that property goes into foreclosure due to default by the owner, you do have certain rights. As long as you do not violate the terms of the lease agreement and you continue paying your rent, you cannot be asked to vacate the property until the lease term is over.

Certain states like Washington also have a Tenant Opportunity to Purchase Act (TOPA). Under this Act, if the owner is planning to sell the property, he has to offer the renter the right to purchase the property. Similarly in a foreclosure sale, if the lender purchases the property, he must provide the renter with a proper TOPA notice. However, if a third party buys the property, the renter is not entitled to a TOPA notice.

Under the Protecting Tenants at Foreclosure Act of 2009 (federal law foreclosure eviction), the purchaser of the property can ask the renter to leave the property if he intends to occupy the home as primary residence. But the new owner has to provide the tenant with at least a 90-day timeline to vacate the property.

What is constructive eviction?

Tenants often ask "What is constructive eviction foreclosure?" Well, this is a situation where the owner might not formally ask the tenant to leave the property, but he can indirectly force the tenant to vacate the property (e.g. the owner turns off electricity, water or he changes locks, etc.). In such a situation the tenant can sue the owner on the basis that he was forced to leave the house through constructive eviction.

Related Readings

After the foreclosure sale on the 18th of March, how long will I have before I have to remove my possesions and vacate the property? The home is in Tampa, Florida.

Thank you.

Henry Murray

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am renting and i just found out the house will go under forclosure July 27th. I have a security deposit of $1500, should i stop paying rent now to help recover my moving costs and deposit?

Like | Dislike | Share | Posted: Sat, 05/01/2010 - 16:12 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I live in Florida and I am not the previous owner of the property. I've occupied the property for the last couple of months but I didn't sign a contract and wasn't aware of the foreclosure process, my child and I don't have a place to go right now.
A friend tells me that there's a Federal law that will help me get a 90 day period until I can re-locate. Please advise which and how can use this law in this situation.

Thank You!!

Like | Dislike | Share | Posted: Mon, 06/07/2010 - 14:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a court date on 7/14/10. I am wondering how long do I have to vacate the premises after that? I am in Charlotte, N.C

Like | Dislike | Share | Posted: Fri, 07/09/2010 - 11:43 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi roger!

Welcome to forums!

As you will be surrendering the property to your lender, he will want you to leave the property asap. Nevertheless, you should negotiate with the lender so that you get time to arrange for a new residence.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Fri, 12/31/2010 - 21:14

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Georgia,

You can contact the lender and ask him to update the information in your credit report as foreclosure and not as eviction. This may help you in renting a property for the time being.

Thanks

Like | Dislike | Share | Posted: Fri, 02/04/2011 - 01:28

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome lilly,

It will depend upon the landlord's discretion as to how long he will let you stay in the property.

Like | Dislike | Share | Posted: Mon, 09/06/2010 - 01:12

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

After foreclosure sale on 30th of June, 2010 in Colorado, how long do I have before I have to remove my possessions and vacate the property? The home is in Parker, Colorado. What if I am physically gone from the property already, but unable financially to remove all of my possessions in time? Will they still serve an eviction on me even though I am out physically? If so, will it show on my credit record?

Like | Dislike | Share | Posted: Sun, 10/24/2010 - 08:36 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Guest,

After a foreclosure, you'll get an eviction notice from the lender. This notice will mention the time period within which you'll have to leave the property.

To Tj,

I can understand that you're facing a tough situation. You should contact an attorney and take his suggestions in order to find out what legal actions you can take against the lender.

Like | Dislike | Share | Posted: Wed, 02/02/2011 - 00:00

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Larry,

Your daughter should have received some kind of intimation before the lender took over the property. If the lender haven't served her with any kind of notice then she can contact an attorney and check out if she can file a lawsuit against the lender.

Like | Dislike | Share | Posted: Wed, 03/14/2012 - 00:24

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi mark!

Welcome to forums!

The lender normally sends a Notice to Evacuate the property. The time limit to leave the property will be mentioned in that notice. Generally, the lenders give 3 days time to the borrowers to leave the property.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Fri, 05/28/2010 - 00:41

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

in 3 days my home is being auctioned off because of forcloure is it to late to do anything? and how long do i have before i have to move? ::im in missouri

Like | Dislike | Share | Posted: Sun, 08/29/2010 - 19:39 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi rents!

Welcome to forums!

The lender will send an eviction notice to the renter in order to leave the property. The eviction notice will mention the time period within which you'll have to leave the property.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Mon, 01/03/2011 - 22:09

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

if the house im renting goes into foreclosure and the said i have til the 31, then tell me that i have 3 days to vacate, i havent been evicted jus the house is in foreclosure do i need to vacate in the 3 days i dnt understand

Like | Dislike | Share | Posted: Thu, 03/10/2011 - 10:40 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you have 12 months without making any mortgage payments, How long until they evict you? :?:

Like | Dislike | Share | Posted: Sun, 03/07/2010 - 10:37 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We are proceeding with a nonjudicial foreclosure on property. We issued a notice of default, and are now wondering how we proceed with eviction. The property is now ours as the homeowner has made no contact with us as to how he intends to complete paying for the house. What is the next step?

Like | Dislike | Share | Posted: Tue, 05/04/2010 - 17:48 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

The foreclosure sale was today Feb. 15th 2011 at 10:00 am . Husband just got out of the hospital and will not be able to work or lift anything heavy for 6 weeks. Today a man came to our house in the afternoon said that the house was sold and that we have 2-weeks to get out. New owner does not want to rent it to us, he hust wants to fix and sellthe property. What can I do?? please help

Like | Dislike | Share | Posted: Tue, 02/15/2011 - 16:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

after the 90-day foreclosure is up do i hvae any more rights as a tenant,how long does it take for a lender to get a court ordered eviction after 90 days is up.

Like | Dislike | Share | Posted: Fri, 02/05/2010 - 19:04 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi KarenFL,

You can go to the court and ask for a time period to stay in the property so that you can look out for another option.

Thanks

Like | Dislike | Share | Posted: Wed, 03/06/2013 - 22:10

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Pbangel,

You should immediately contact the lender and request him to offer you some time so that you can arrange for some other place to live in. If you can convince the lender, may be you will get some more time to stay in the property.

Like | Dislike | Share | Posted: Thu, 02/28/2013 - 21:34

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I defaulted on my bankruptcy which included my house and vehicle, they are sending my payments back to me. How long til I have to stay in my house. Have I exhausted all my options?

Like | Dislike | Share | Posted: Mon, 11/29/2010 - 11:43

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cstewart!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/Mortgage-Basics/bankrupt-but-foreclosure-case...

Please take a look at it. I hope it will help you.

Sussane

Like | Dislike | Share | Posted: Wed, 08/31/2011 - 21:42

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i live in ohio, how long do i have to get out of my house, also its a three famliy,house,there are two other teants. do they have to vacate at same time as i do.

Like | Dislike | Share | Posted: Thu, 10/01/2009 - 20:12 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i am a resident in tennessee in a home my mom owns. she is now stating that the home is gong to be foreclosed on. how much tome will the give me to move my belongings out?

Like | Dislike | Share | Posted: Fri, 12/04/2009 - 18:00

jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cdmoranville,

As far as I know, there's no statutory period of redemption allowed in judicial foreclosures in Rhode Island.

Hi Guest,

If the property is not used as your primary residence, you will not get any redemption period.

Like | Dislike | Share | Posted: Thu, 02/04/2010 - 23:43

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my house went on foreclosure and I filed for banruptcy and surrendered my house. The bankruptcy is gone through but then I got a letter from the court which says my foreclosure was dismiss because of none activities. Last week I got a letter saying my house was sold to another investor. Well I called the clerk of court to see if my house has been auction off and they said that case has been dismissed. What does this mean?

Like | Dislike | Share | Posted: Wed, 08/31/2011 - 05:25 | Post subject:

Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you want to make the payments, then it's better to do so to the actual owner of the property.

Like | Dislike | Share | Posted: Wed, 06/02/2010 - 03:25

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi anonymous!

Welcome to forums!

Once the property is sold off, you will have to leave it. However, you can contact the new owner and it will be his discretion whether or not he will be ready to let you rent the property.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Tue, 09/28/2010 - 02:06

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Bonez,

The time period to leave the property will be mentioned in the eviction notice. The sheriff as well as your friend can give the tenant a notice period of 3 days to leave the property.

Like | Dislike | Share | Posted: Thu, 09/30/2010 - 01:55

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

foreclosure is a typically lengthy process, so you'll have some time to make arrangements to move. nevertheless, you would be wise to begin searching for your new living arrangement as soon as you can. check with the tennessee attorney general's office for specific timeframes - they can give you an even better feeling for the timing of a foreclosure.

Like | Dislike | Share | Posted: Fri, 12/04/2009 - 18:25

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We live in arizona after the sale how long do we have to move out provided someone does buy the home.

Like | Dislike | Share | Posted: Mon, 07/12/2010 - 21:47 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i am a renter of 2 yrs at aproperty that was sold at a foreclosure auction, although no notice or any communication from our landlord, we came home today to find the lock had been changed. we called the mortgage company and they said lets meet tommorrow. we were never given any notice, thehouse address is 4429, our apt is 4427. any suggestions.

Like | Dislike | Share | Posted: Tue, 08/24/2010 - 17:34 | Post subject:

Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

You can receive an eviction notice from the lender/new owner and you will have to leave the property within a stipulated time period as mentioned in the notice. If the new owner agrees, you can sign a rental agreement with the new owner and remain in the property.

Like | Dislike | Share | Posted: Tue, 09/21/2010 - 03:01

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i am in [url=http://www.mortgagefit.com/bankruptcy/chapter7.html]chapter 7 bankruptcy[/url] and havnt been released as yet..after the release i am sure the bank will be taking our home.what steps and how much time will i have before i will have to vacate my home..i live in ohio.

Like | Dislike | Share | Posted: Fri, 12/31/2010 - 06:00 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i pay mortgage on a condo in Hawaii but have to pay land lease and i am behind on payment on the land lease and maintenance. i was told that they are going to seek to foreclose the condo. how much time do i have before i have to move out?

Like | Dislike | Share | Posted: Sun, 07/04/2010 - 06:40 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How long after forclosure notice in Washington State does the owner have to move?

Like | Dislike | Share | Posted: Wed, 04/13/2011 - 13:20

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I had just moved into a house 1 month ago. The local police department just sevred me with a final eviction.How long do I have to move. I live in Pinellas Park,Fl.I had not received the first eviction.I do have a lease. We did not even know that the property was being forclosed upon.

Like | Dislike | Share | Posted: Fri, 04/23/2010 - 18:48 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Joe!

Welcome to forums!

As the redemption period is over, the new owners of the property will take possession of the property. In that case, your neighbours will receive an eviction notice from the lender and they will have to move out of the property.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Mon, 01/17/2011 - 21:14

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

after foreclosure sale in colorado how long to i have to vacate the property

Like | Dislike | Share | Posted: Thu, 01/20/2011 - 18:52 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Does the property have to sell before eviction is given

Like | Dislike | Share | Posted: Wed, 04/13/2011 - 13:22

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I live in Maui, HI. my lease is up in July 31. The owner did a short sale and sold the house. The new owners take over June 15. I found a place and moved out starting June 1. I also found someone to take over the lease starting July 1 and he is signing for 2 years.
The old owner (my landlord) wants me to pay for June but he wont be the owner of the house starting June 15. Do I need to pay?
In addition the other person who was on the lease moved off island and he did not ask her to her to find someone to take over the lease.

Thank you for your help!

Like | Dislike | Share | Posted: Tue, 06/01/2010 - 11:23

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My children and I are still living in ower forclosed home! the home is in my exhusbands name not mine! Do I have rights as a family member living in a forclosed home? The morgage Co. offered me cash for keys to get out, how much should I ask for?

Like | Dislike | Share | Posted: Tue, 01/11/2011 - 06:23 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

is it a better option time wise to file this motion? if so can the forms be found online??

Like | Dislike | Share | Posted: Tue, 12/01/2009 - 11:54 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm living in FL and I rent a house that has already been auctioned and the bank now owns it again. This is our second month living here without paying rent and no notices from the bank to leave. We just received a Motion To Vacate Certificate of Title but it has no deadline on it to leave. Does this just mean we will be getting that soon?

Like | Dislike | Share | Posted: Mon, 05/10/2010 - 14:25 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We filed chapter 7 back in January of 2010 in Washington State. Our eviction summons for our house finally got sent February 2, 2011. We are NOT fighting this and we had moved out of our home back in November 2010. Do we need to do anything or contact anyone if we are not contesting the eviction? The paperwork tells us what to do if we are fighting the eviction but we are not. Thank you.

Like | Dislike | Share | Posted: Wed, 02/09/2011 - 20:02 | Post subject:

Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

As she is one of the owners of the property, she can sell off the property. Your name is not mentioned on the property deed. In such a situation, you won't be able to stop her from selling the house.

Like | Dislike | Share | Posted: Mon, 01/31/2011 - 01:08

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

in south carolina, i can't pay my mortgage any more. i will retur to new york, but how long i have before they kick me out

Like | Dislike | Share | Posted: Sun, 02/21/2010 - 08:39 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Marksam,

Once your property is sold off by the lender at a foreclosure auction, he will send you a notice to vacate the property. The time period within which the property needs to be vacated will be mentioned in the notice. Normally lenders give 3 days notice to vacate the property.

Like | Dislike | Share | Posted: Thu, 05/13/2010 - 00:20

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my dad had a reverse mortgage that is in foreclosure i live in the house its going to foreclose sale 4/02/10 in missouri how long until i will need to move

Like | Dislike | Share | Posted: Fri, 03/19/2010 - 08:09 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

As you don't have any lease agreement, then things will be difficult for you. You'll have to leave the property as soon as the lender forecloses it. If you had the lease agreement, then you could have rented the property even though the lender foreclosed it.

Thanks

Like | Dislike | Share | Posted: Tue, 10/05/2010 - 22:47

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I recently recieved a Third party notice of Seizure on October, the home we live in has gone into foreclosure, how long do we have before we have to vacat the premises? We was told one week? is that true?

Like | Dislike | Share | Posted: Fri, 11/11/2011 - 10:51 | Post subject:

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