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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 Guest,

A lender can foreclose the property only if she has defaulted on the mortgage payments. I would suggest that she should contact the lender and check if a loan modification is possible in her case.

If the lender does not accept a loan modification, then the property can go into foreclosure. Once the foreclosure sale is complete, she will have to leave the property within 3 days. However, if she wants to extend the time period, she can negotiate with the new buyer of the property.

Posted on: 19th Mar, 2009 10:52 pm
I was wondering how long will they give me to move out after the hearing today and i thought when you claim bankrupty that holds off the sale of your house
Posted on: 07th Apr, 2009 05:13 am

Have you filed bankruptcy? If you have, then yes, it will put a stop on any legal action taken by the lender, be it foreclosure, garnishment or any other action. You won't have to vacate the property until the bankruptcy judge takes a decision. You can also stop the foreclosure and keep the house through a reaffirmation.
Posted on: 08th Apr, 2009 06:50 am
My lender says not to fall 3 mos. behold I don't have the cash they will foreclose in 3 days from today now what can I do or how long can I stay before the sheriff comes.
Posted on: 11th Apr, 2009 08:39 am
Hi Gracie,

I don't think a foreclosure in three days in possible. It'll take a few months for the lender to complete the entire process of foreclosure. Even after the house has been sold off at the sheiff's auction, the borrower is generally given a redemption period of about 6 months during which he/she can reclaim the property.
Posted on: 13th Apr, 2009 04:44 am
I just received notice that my bank will start forecloser proceeds on May 4th, if I don't make a payment by then. I do not have the money, so my question is how long after that do I have before I have to move out?
Posted on: 26th Apr, 2009 02:29 pm

It depends on the lender. If they are keen on a foreclosure, it might not tke long. But otherwise, it will take some time to complete a full foreclosure procedure. Some states also provide a redemption period of 6 months when the borrower is allowed pay off the mortgage and keep the house.
Posted on: 27th Apr, 2009 07:57 am
this is my daughter's home. She moved out of state, and I have ben living here.. The house was forclosed, and sold at auction on the 28th of April. I rec'd a notice to vacate within 10 days. If I am unable to do so, and the new owner gets an eviction judgement, what time frame am I looking at? Thanks
Posted on: 05th May, 2009 12:38 pm
Hi mike,

There is no such specific time frame to vacate the property. It depends on the situation. If the eviction notice gives you a time of 10 days, you are expected to move out of the property within those 10 days. But you can definitely negotiate with the new owner and extend the number of days. In most of the cases, they do consider your situation and offer you more time so you can look for some alternative options.
Posted on: 05th May, 2009 11:49 pm
I received a court ordert o be out in ten days I am in Alabama I have no where to go what can I do to until I find a place to go I am suppose to be out of here by 5/21/09.
Posted on: 14th May, 2009 05:17 am
how much time do foreclosure start afther i stop payment on my home how many month before i have to moved
Posted on: 14th May, 2009 10:50 am
Hi otis,

I think you should talk with the lender and ask them to allow you more time so you can find a suitable place to move to and vacate the property.

Hi maggiech,

The time to complete a foreclosure process varies from lender to lender. But normally when you are at least three months behind on your payments, they send you notice of default and start the foreclosure procedures. It takes about 3-4 months or more to complete the foreclosure. In some states, the borrower is allowed a redemption period of about 6 months within which they can buy the property back. Thus, you are supposed to get enough time to move out after the property is foreclosed.
Posted on: 15th May, 2009 09:20 pm
I have a summon to appear in court today 6/01/09 for eviction proceedings. My home is being foreclosed on. How much time do I have after this court date? Michigan
Posted on: 01st Jun, 2009 06:55 am

It depends on your lender how much time you'll get before you're asked to vacate the property. But you can stay in the property until it is foreclosed on and sold at the sheriff's auction. Even after the auction, you are allowed a redemption period of about 6 months during which time you can occupy the property. This redemption period varies according to the state laws.
Posted on: 03rd Jun, 2009 07:04 am
i rent a town house in florida, i know that the house was being bid for at the court house, however i don't know if it sold. how much time do i have in this house since i have two small kids and by myself. help!
Posted on: 27th Jul, 2009 06:11 am
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