The road to foreclosure is full of sudden turns and pitfalls, one of those being eviction. Eviction after foreclosure can seem like a dark day looming on the horizon, but it’s important to get all the facts before packing up your house. A lender must follow certain eviction procedures after foreclosure according to each state’s laws, so it is imperative that a homeowner going through foreclosure know what state laws apply to the situation.
Step One
As the homeowner going through a foreclosure, you will be sent a notice after the foreclosure sale of your home. Eviction after the foreclosure sale is not instantaneous, but the homeowner as little options to stop the foreclosure at this point. After the sale, the deed of ownership moves from you to the new buyer and you technically become a tenant. At this point you will be given a deadline before evictions proceedings will begin. This notice is often required to be posted on the front door. In some states, there is a redemption period that gives a small period of time to legally remain in the house. The length of the redemption period varies from state to state.
Step Two
At this point you may want to contact the authorities or the new homeowners to see if the time before the eviction can be extended, if need be. In the case of states requiring judicial proceedings, you will need to file an official petition to the courts to remain in the house. If you need this time to find a place to move to or save money, then it may be worth your time to petition to stay in the house.
Step Three
Once the redemption period or the time given before eviction proceedings passes, the new owners can send you a notice giving as little as 72 hours before you will be evicted. You do not want to wait until the last minute and have to be given additional notice to vacate the premises. This can cause further damage to your credit record and cause unneeded stress to you and your family.
Step Four
The final act in the eviction process is when the sheriff arrives to physically remove you and your belongings from the property. This step can certainly be avoided and there is no benefit to you in having the foreclosure proceedings go this far. If you have purchased a home in a foreclosure sale, you should also understand the laws and timeline. One misstep on the delicate path towards eviction can cause unwanted legal battles.
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