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 Amy,
It depends on you particular situation and your state laws how much time you will have to move out of the house. Generally, you are given some time to vacate the property within a certain date and you are informed about it. If you fail to vacate the property within the specific date, they will evict you from the property.
It depends on you particular situation and your state laws how much time you will have to move out of the house. Generally, you are given some time to vacate the property within a certain date and you are informed about it. If you fail to vacate the property within the specific date, they will evict you from the property.
is it a better option time wise to file this motion? if so can the forms be found online??
i am a resident in tennessee in a home my mom owns. she is now stating that the home is gong to be foreclosed on. how much tome will the give me to move my belongings out?
foreclosure is a typically lengthy process, so you'll have some time to make arrangements to move. nevertheless, you would be wise to begin searching for your new living arrangement as soon as you can. check with the tennessee attorney general's office for specific timeframes - they can give you an even better feeling for the timing of a foreclosure.
I live in Ormond Beach Florida our sales date is Jan.8 2009, will we also have 2-3 weeks to move after the sale date?
Hi,
The time to vacate the property will vary from state to state and from one situation to another. But you can expect to get about 2 weeks in average before you are forced to move out. But once the new owner gets full title to the property and obtains an eviction judgment against you, you will have to vacate the house as early as possible.
The time to vacate the property will vary from state to state and from one situation to another. But you can expect to get about 2 weeks in average before you are forced to move out. But once the new owner gets full title to the property and obtains an eviction judgment against you, you will have to vacate the house as early as possible.
does california have a redemption period
Hi anonymous,
The state of California does allow a borrower the right of redemption. The redemption period generally range from 3 months to 1 year. If the foreclosure sale of the property does not raise enough money, a borrower is allowed 1 year of redemption period. But in case the lender bids for the entire price of the property at the auction, the borrower gets only 3 months to redeem the property.
The state of California does allow a borrower the right of redemption. The redemption period generally range from 3 months to 1 year. If the foreclosure sale of the property does not raise enough money, a borrower is allowed 1 year of redemption period. But in case the lender bids for the entire price of the property at the auction, the borrower gets only 3 months to redeem the property.
Recv'd summons of foreclosure in dec...withheld rent until landlord could confirm what was going on. He place a 3 day notice on door 12/22/09 to go into effect 12/28/09 and recv'd an eviction notice today 1/6/09. Landlord is in default of mortgage since April. My rent $1600 his mortgage $1607. I have 5 days to respond to eviction notice what do I do????
As the property is already in foreclosure, it's better to leave the property and find a new property to rent. If you're unable to find a new property immediately, you should reply to eviction notice and ask the landlord to give you a few days time. You should find a new home within that period of time and leave the property.
How many days after the scheduled foreclosure date in the State of Georgia, do we have to remove our possessions & vacate the property? Foreclosure is scheduled for Feb. 2, 2010.
Thank you!
Thank you!
I live in tn and our home has been forclosed on how many days do i have before i have to move we have not received an eviction notice thank you
Foreclosure in tn how many days to move
i'm afraid i can't answer your questions in tennessee and georgia, but you ought to ring up the attorney general in your state, each of you, on monday morning and ask that question.
i am amazed that you wouldn't know, because it only makes sense that the courts would advise you of your rights and responsibilities. now i suppose you may have quit opening the mail any more, and that would explain your confusion. but i'm quite sure your attorneys general would know the answers to how much time you have left in your homes.
i am amazed that you wouldn't know, because it only makes sense that the courts would advise you of your rights and responsibilities. now i suppose you may have quit opening the mail any more, and that would explain your confusion. but i'm quite sure your attorneys general would know the answers to how much time you have left in your homes.
how long is the redemption period in rhode island?