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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 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.
Posted on: 28th Feb, 2013 09:34 pm
Hello, my landlord was foreclosed and lost the house in Dec. '12. The house was auctioned in late Jan. '13 and purchased by out-of-town construction flippers here in FL. But my landlord appealed the foreclosure, but his appeal was contested by the flippers and tossed out in late Feb.
Now they want me and my kids out by the weekend or they'll evict.
I have no money and nowhere to go. I just started a new job and can't take any time off to move. The flipper offered some $$ to help, but now he's saying he'll only pay it once I'm out, so I don't trust him at all.
Can I ask a court to give us 30-45 days?
Many thanks.
Posted on: 06th Mar, 2013 06:57 am
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.

Posted on: 06th Mar, 2013 10:10 pm
How long after the foreclosure sale(April 3,2013) will we have to vacate the property in Illinois?
Posted on: 24th Mar, 2013 08:12 am
Hi Guest,

After the foreclosure sale gets over, you will receive an eviction notice from your lender. This will mention the time period within which you will have to leave the property.
Posted on: 24th Mar, 2013 09:44 pm
I live in Ky, someone just came to my home and put up a notice of sale for August 29th. How long do I have to get out? And will they kick me out before the sale?
Posted on: 01st Aug, 2013 07:35 am
Hi Miller,

After the sale of the property, you will receive an eviction letter which will mention the time period within which you need to get out of the property.

Posted on: 04th Aug, 2013 11:40 pm
My house was foreclosed in June. Was up for auction numerous times every time it was postponed. I am still in the house the real estate co. In charge of the house said still going to auction when I call Bank of America they say its in the real estates hands. I have a neighbor who wants to purchase the house but nobody will give me any info they keep passing the buck. They also have lied to me about the auction the bank said nobody bid on the house but we were following every bid date and it never went up for bid . The real estate says now its up for eviction how can we prevent that and how long does that take because it has been a couple of weeks and no notice from the bank? Also I do have a tenant do they have to offer the chance to buy? In Florida thanks for your help....
Posted on: 12th Sep, 2013 08:07 am
Hi Cleo,

You can contact the foreclosure department of your bank and let them know about your neighbour and tenant who are interested in buying the property. It will be the lender's discretion as to whether or not they will sell the property to them.

It is up to the lender to decide when they will send you the eviction notice.

Feel free to ask if you've further queries.

Posted on: 12th Sep, 2013 10:12 pm
my house was sold at sheriff sale also we filed chapter 7
Posted on: 10th Dec, 2013 05:56 am
Hi g michigan,

I do not think you will require a lawyer in this regard. You can do it on your own.

Posted on: 10th Dec, 2013 09:29 pm
What can we take from the house when we move My wife wants to take the carpet an blinds
Posted on: 11th Dec, 2013 05:03 am
Hi g michigan,

You will have to speak to the lender in order to find out whether or not you will be able to take away the carpet and blinds with yourself.

Posted on: 11th Dec, 2013 08:30 pm
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