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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
if my house is in foreclosure and sales on the first of september how long do I have before I move out
Posted on: 25th Aug, 2009 05:07 pm
To sad and tonya,

After your houses are sold, you will receive a notice of eviction specifying the number of days within which you have to leave the house. In some states in a judicial foreclosure, the borrower is allowed a redemption period. The borrower can stay in the property during this period and can buy it back on paying a certain amount of money. Thus, how much time you have to vacate the house depends on your lender and your particular situation.
Posted on: 26th Aug, 2009 03:57 am
My home sold for forclosure and being notified of the sale 2 days later 24 hour eviction notice was posted, in the state of Fl do the 24 hours include weekends
Posted on: 29th Aug, 2009 03:57 am
The house I'm renting is going to court for the final foreclosure on the 21st. of this month. What happens now???? How much time do I have to find a place to move. I'm a single parent with two children 15 years old and 6 months old. Living in Miami, Florida Help! need info please.
Posted on: 09th Sep, 2009 12:37 pm
How long does some one have before being removed from house after being served eviction notice in the state of texas
Posted on: 21st Sep, 2009 11:58 am
I was foreclosed on on september 21st. i live in ohio. How long do you think i have to get out?
Posted on: 23rd Sep, 2009 09:38 am
I AM A RENTER FROM A LANDLORD BUT I RECIEVED A LETTER IN THE MAIL STATING MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE. MY ? IS ONCE THE MOTION COURT DATE IS SET HOW DO I FIND OUT IF THE PROPERTY IS FORECLOSED, AND DO I STILL OWE THE LANDLORD RENT.
Posted on: 01st Oct, 2009 05:04 am
speak to landlord about it. till the time you are in house you are liable to pay rent. and here you do not want to leave but asked to leave
Posted on: 01st Oct, 2009 10:57 am
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.
Posted on: 01st Oct, 2009 08:12 pm
We were in a chapter 13 which was dismissed on September 22, 2009. We are refiling but will the bank and come try to evict us soon???? We live in Florida. :roll:
Posted on: 03rd Oct, 2009 11:13 am
Have you checked with yoru bankruptcy atotoney

Did you include the house in the bankruptcy
Posted on: 03rd Oct, 2009 11:37 am
iam 3 months behind on my mortagage l called my bank and they said they are sending me a pre foreclosure docs ,l am going to try to catch up to my payments but if l go to foreclosure how much time do l have in my home, l am in florida :?
Posted on: 14th Oct, 2009 09:29 am
to nico,

it depends on your individual situation and your lender how much time you will have before and after a foreclosure. if the lender is pursuing a judicial foreclosure, it can take 6-12 months or more in certain cases. if it is a non-judicial foreclosure, you do not have much time before your house is foreclosed on. the amount time you will be allowed to vacate the property after a foreclosure will vary.

to soccermom,

it is not impossible for your bank to try and evict you from your property. since your chapter 13 bankruptcy case has been dismissed, your property is no longer protected by the bankruptcy laws. in such a situation, your lender can start foreclosure proceedings on your property.
Posted on: 16th Oct, 2009 06:16 am
I received notice of filing on my forclosure. How much time do i have to move out?
Posted on: 03rd Nov, 2009 06:57 am
I received notice of filing on my forclosure. How much time do i have to move out?
Posted on: 03rd Nov, 2009 06:57 am
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