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Foreclosure eviction - When do you have to move out?

Author: Jessica Bennet
Community Mentor
Ask Jessica
Posted on: 12th Mar, 2007 01:33pm
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

Posted on: 12th Mar, 2007 01:33 pm
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
Normally you will receive a notice to vacate the premises within a certain number of days (like 3 days), within this time limit you will have to leave.
Posted on: 12th Mar, 2007 02:26 pm
If you do not leave then what happens?

In such situation the new owner or the bank will approach the court and ask for a hearing to decide when you should be going through foreclosure eviction. At the time of hearing the judge will decide how long you can stay before moving out.

After the court orders your foreclosure eviction within 10 days and you do not move out within 10 days then the new owner can obtain an execution of the eviction judgment by which the sheriff would get the right to remove you from the premises. The sheriff would normally give you 24 to 72 hours for moving out.

Tommy Thurber
Posted on: 12th Mar, 2007 04:45 pm

From what I know, from the day you get the foreclosure eviction notice you generally have 8 weeks which is the national average to move out before the sheriff shows up.
Posted on: 12th Mar, 2007 04:58 pm
Hi Henry,

Under the foreclosure laws in Florida (fl foreclosure eviction laws), a home in foreclosure can be set up for auction only 65 days after the complaint is filed. At times, however, the auction can be carried out within a period of 45 days from the date of filing. So, you have a time period of 45 to 65 days within which you need to move out for the foreclosure sale to take place.

However, you may occupy the property even after the sale. But usually one gets a 3-day notice of foreclosure eviction from the new owner of the property.

Posted on: 12th Mar, 2007 11:57 pm
You can prevent from foreclosure happening to you. You need not worry too much. You are taking it as a big event, that's the matter. Take it easy. As the lenders are not in favour to obtained your property or they are not in the bussiness of owning your property.
You have to take strong decisions at this time. Go to your lenders directly and
dont deal with the bill collector. You can make a agreement about being late in payment and can adjust the matter with the lender.
You should review all the options and agreements of you plan before taking right move towards.

God may help you.
All the best.
Posted on: 12th Mar, 2007 11:58 pm
According to fl foreclosure eviction laws new owner gives 21 days to notify the previous owner about property being forclosed, the date and time. But he is not foreced to give the previous owner time to vacate and find new home to live in, once new owner has compleletd forclosure.
Posted on: 13th Mar, 2007 12:06 am
Posted on: 21st Jul, 2008 03:17 pm
Welcome KITTY.

You should attend the foreclosure hearing to protect yourself from the foreclosure or even you can work out some repayment plan. but if you don't attend the the hearing then the lender will be awarded a default judgment against you and the foreclosure process will proceed. So it is very important for the borrower to attain the foreclosure hearing.

Let me know if you have any further queries.
Posted on: 22nd Jul, 2008 02:57 am
Hi i am in Florida. How long can i live in my house after forecloure auction? Ive had it for 1 year and half
Posted on: 12th Sep, 2008 07:29 am
Beginning to end the mortgage foreclosure in Florida will usually run 130-140 days, that's the average, some are faster some are slower.
Posted on: 12th Sep, 2008 05:03 pm
how much time will they give me to move out. they are gonna forclose and haven't found out how much time they will give me. need to kinda know what to plan for
Posted on: 17th Sep, 2008 08:57 am
It's best to ask the lender as to how much they'll give you. But usually they allow one to stay for 3 days after the home has been sold. If you do not move out within these 3 days, you may have to go through foreclosure eviction.
Posted on: 18th Sep, 2008 05:19 am
I live in Illinois and my house forclosed on sept 16. How much time do I have to pac and leave the property. I also want to know who evicts you and do they issue some kind of warrant if you are still in the home?
Posted on: 30th Sep, 2008 08:48 pm
Hi Maryann!

Welcome to Forums!

It depends on the lender and the buyer of the property. It is better if you leave the home immediately. However, if you request the lender and the new buyer, they may give you some time. It will be totally their discretion.

Feel free to ask if you have further queries.

Posted on: 30th Sep, 2008 10:51 pm
how long do i have after date of sale oct 22, in the state of california as owner
Posted on: 01st Oct, 2008 12:14 pm
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