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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
Hi tigerlily

Once the foreclosure sale is over, the new owner of the property and the lender will give you a 3 day notice. You will have to leave the property within these 3 days.

Thanks.
Posted on: 13th Jan, 2009 12:50 am
Business went bad, depleted savings, couldn't pay mortgage. After 3 mos. (Sept 08) bank filed complaint. We are saving every penny to move. Still no word on a hearing for motion for summary judgment. When should we expect to have a note on our door? We have children and we are concerned about their well being. How much notice do we get? 24 hours, 3 days or 10 days; I'm seem to be reading different time frames. From experience can you let us know? We are going to the hearing but none set as of yet. Can I expect a few more months?
Posted on: 02nd Feb, 2009 09:17 am
It has been 5 mths we are trying to do a loan modification but our lender
is taking their time We are getting nervous. How long will it take to
forecluse on our home. We live in NJ
Posted on: 14th Feb, 2009 06:07 am
Welcome mary,

Generally lenders foreclose the property if you are more than 3 months late in paying your debts. As you have already applied for a loan modification, you should contact your lender once again to check when your loan modification will be accepted.
Posted on: 16th Feb, 2009 12:31 am
hi, i live in the atlanta area. my home goes to auction sale on the first tuesday of march 09. i sent the mortgage company a workable solution package but i have yet to hear from them. after the foreclosure auction how much time do i have before the sheriff comes to evict?
Posted on: 17th Feb, 2009 09:43 pm
My bank told me I have to move out 2 weeks to 60 days after the sale date. The mortgage co. told me it is not sold yet and they are having the cops, and a lock smith give me 10 mins to get out. They said they have no time frame, will i still get the 3 day eviction? To get my stuff, I have always heard you get a 3 day notice is this true?
Posted on: 01st Mar, 2009 01:12 am
Hi

To guest,

Once the foreclosure process is over, the lender and new buyer will give you a 3-day notice period within which you will have to leave the property.

To Anthony,

Generally the 3-day notice period is given to the previous owner once the foreclosure sale of the property is over. However, it is quite surprising that the lender is giving you 10 minutes to leave the property.
Posted on: 01st Mar, 2009 11:10 pm
The property which my mother in law is renting, has been foreclosed. The final judgement was 2/3/09. How long will it take from final judgement to eviction process as a tenant? Thank you.
Posted on: 06th Mar, 2009 03:11 am
My house has a foreclosure date of March 12, 2009 and i was wondering how long would it take for us to get evicted. We are in PG County MD
Just want to get prepared I do have kids. We just want to make easy for them. Thaks!
Posted on: 07th Mar, 2009 10:12 am
Once the foreclosure sale is complete, the new owner of the property will send you a 3-day notice period. You will have to leave the property within these 3 days. If you are unable to do so, you can negotiate with the new buyer so that he/she can extend the time period.
Posted on: 08th Mar, 2009 11:24 pm
how much time after forclosure on 24th of March renters are pd to March 31. I live in OR and the property is in Az. I need time to get there and move before they lock the doors.?
Posted on: 15th Mar, 2009 08:01 pm
Hi martha

Once the foreclosure sale is over, the new owner of the property will give you a 3 day notice period in order to leave the property. You will have to leave the property within that time span. However, if you want some extra time, then you will have to negotiate with the new owner.

Thanks.
Posted on: 16th Mar, 2009 03:20 am
After your 6 month free stay in Michigan when the Sheriff serves you eviction papers how long until you have to be out. My friend had her sheriff sale on October 22 and she was told to be out by Aprill 22. she is waiting on the Sheriff. I think the sheriff will pad lock it when he serves the eviction papers she thinks she may have up to 90 more days. If anyone can answer I would appreciate it.
Posted on: 17th Mar, 2009 07:21 am
Welcome Guest,

As far as I know, once the foreclosure sale is over, your friend will get a 3 day notice period. She will have to leave the property within these 3 days. If she wants some extra time to leave the property, then she will have to negotiate with the new owner.
Posted on: 18th Mar, 2009 12:15 am
The property was not sold at the Sheriff Sale. She was told to call the sheriff and ask them what the procedure is and she has not done that yet. I just don't want to see her lose all her belongings if he locks it when he comes. Thank you for all your help.
Posted on: 19th Mar, 2009 06:05 am
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