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.
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
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
Thank you.
Henry Murray
Hi Larry,
Your daughter should have received some kind of intimation before the lender took over the property. If the lender haven't served her with any kind of notice then she can contact an attorney and check out if she can file a lawsuit against the lender.
Your daughter should have received some kind of intimation before the lender took over the property. If the lender haven't served her with any kind of notice then she can contact an attorney and check out if she can file a lawsuit against the lender.
My sister an I paid almost 3,700 to get house refinanced and got scammed from an out of town law firm, now our house is about to be in foreclosure or up for auction. From the auction date, which is May
3rd 2012, how much time do we have to look for a place to live?
3rd 2012, how much time do we have to look for a place to live?
Hi Claudia!
Welcome to forums!
After your foreclosure auction gets over and the property is sold off, you will receive an eviction notice from the lender. This eviction notice will mention the time period within which you will have to leave the property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
After your foreclosure auction gets over and the property is sold off, you will receive an eviction notice from the lender. This eviction notice will mention the time period within which you will have to leave the property.
Feel free to ask if you've further queries.
Sussane
My lender (Chase) said the Foreclosure process has not be scheduled but I just received information from a debt collector stating a foreclosure hearing set for May 23rd in South Carolina. This same dedt collector April 5th sent paper work not actually addressed to me (except the envolope) but just copies of court papers. WHAT just happen??? Scared....
Hi Traci!
Welcome to forums!
You need to check out as to who owns your debt account - the creditor or the debt collector. Whoever owns your debt, may file a lawsuit against you if you're not paying off the loan.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You need to check out as to who owns your debt account - the creditor or the debt collector. Whoever owns your debt, may file a lawsuit against you if you're not paying off the loan.
Feel free to ask if you've further queries.
Sussane
Thank you Sussane! I spoke with the creditor today and was told
there is no redemption period in South Carolina however on this site it has been stated twice that there is.
Can you confirm?
there is no redemption period in South Carolina however on this site it has been stated twice that there is.
Can you confirm?
Hi Traci,
Well, as far as I can find out, there is no redemption period for foreclosed properties in South Carolina.
Thanks
Well, as far as I can find out, there is no redemption period for foreclosed properties in South Carolina.
Thanks
Hello Mrs.Bennet and thank you in advance for takeing the time to answer my question. Iam a renter of a condo that i pay rent every month jus to find out the condo is up for forecloser sale. I had no notice of this and it takes place in 2wks. what are my options as a renter and how long do i have to move after the sale of the condo? thanks again
Hi! Thank you for your help. Does foreclosure dedt from another state, S.C., continue to follow the S.C. dedt laws where the foreclosed home was even after you move to another state? Or will the PAST S.C. dedt follow the dedt laws where new residency is set up in a different state? Michigan dedt laws are far more harsh than South Carolina...
I had a house built like 20 years ago I designed it and picked out all the fixyures and individually paid for them. My house is being forecloded on and I have to be out in 2 weeks. I found another house to move into however it needs ALOT of work! I was wondering if I can take things I need for the other house such as the toilet, air conditioner, bath tub, etc. considering I paid for them when I had the house built? I really need some of these items in order to make the other house livable and I don't have the money to get new ones. If anyyone know's the answer to this I would REALLY apprecciate it I am in such a horrible place at the moment and I really just need one good thing to happen. Thankyou so much.
P.S. I'm in Alabama
Sincerely,
Casey
P.S. I'm in Alabama
Sincerely,
Casey
What can I take?
I had a house built like 20 years ago I designed it and picked out all the fixyures and individually paid for them. My house is being forecloded on and I have to be out in 2 weeks. I found another house to move into however it needs ALOT of work! I was wondering if I can take things I need for the other house such as the toilet, air conditioner, bath tub, etc. considering I paid for them when I had the house built? I really need some of these items in order to make the other house livable and I don't have the money to get new ones. If anyyone know's the answer to this I would REALLY apprecciate it I am in such a horrible place at the moment and I really just need one good thing to happen. Thankyou so much.
Sincerely,
Casey
[Email address deleted as per forum rules. Thanks.]
I had a house built like 20 years ago I designed it and picked out all the fixyures and individually paid for them. My house is being forecloded on and I have to be out in 2 weeks. I found another house to move into however it needs ALOT of work! I was wondering if I can take things I need for the other house such as the toilet, air conditioner, bath tub, etc. considering I paid for them when I had the house built? I really need some of these items in order to make the other house livable and I don't have the money to get new ones. If anyyone know's the answer to this I would REALLY apprecciate it I am in such a horrible place at the moment and I really just need one good thing to happen. Thankyou so much.
Sincerely,
Casey
[Email address deleted as per forum rules. Thanks.]
Hi Casey!
Welcome to forums!
Those things which are not attached to the property and were brought by you can be taken to your new property by you. However, those items which are attached to the property can't be taken by you. Moreover, it will always be a good idea to take the opinion of the lender in this matter.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Those things which are not attached to the property and were brought by you can be taken to your new property by you. However, those items which are attached to the property can't be taken by you. Moreover, it will always be a good idea to take the opinion of the lender in this matter.
Feel free to ask if you've further queries.
Sussane
Thank you for your response. The original air conditioner that we put in when the house was built got struck by lightning and we paid our insurance on time every time it was due but we had to replace the ac is it still ok to take it? My step dad lived in a shed in our backyard while he designed, supervised the building of our house, handpicked and paid for each fixture, each faucet, and each toilet and shower, etc. Does that give him the right to take what he needs? I mean we r not trying to be vengeful we are just trying to make the place we are moving to livable and we really only want to take the central a/c unit and the toilet from 1 of the bathroom's is that ok?
Sincerely,
Sincerely,
Hi caseyb!
Welcome to forums!
As far as I know, if you have invested your money in buying and fixing the items, then you may be able to take them with you. Nevertheless, it is always better to consult your lender before taking any such step.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As far as I know, if you have invested your money in buying and fixing the items, then you may be able to take them with you. Nevertheless, it is always better to consult your lender before taking any such step.
Feel free to ask if you've further queries.
Sussane
I live in Illinois and got served an eviction notice today stating I have 48hrs to move, how do I apply for a redemption an how long is it in st.clair county Illinois? I also have a three month old and six year old, is there anything else that I can do to stay and or keep the house?