For homeowners facing the loss of their homes to foreclosure, the anxiety seems endless. After months of being threatened by the lender’s “customer service” department with being evicted, sued, and garnished, even the final foreclosure and judicial sale don’t end the problems. The time between the county auction and the eviction by the sheriff can be one of the most stressful times in the foreclosure process.
This is because even after learning that they cannot come up with a realistic plan to save their homes and stop foreclosure, homeowners must start planning to leave the home. But, in most cases, they don’t even know how much time they have to move, when the sheriff will show up to throw them out, or if there is anything they can do to buy more time.
In almost all foreclosure situations where the sheriff’s sale has passed and the eviction process has begun, homeowners must receive notice from the county sheriff’s department at least a few days before the scheduled eviction. This is a rule in almost every state and county, and it’s just a good faith sign by the government to let former owners know how much time they have left to stay in the home and plan for their future. However, it’s never a good idea to trust government bureaucrats, whether it’s the county sheriff or the court system, to be efficient and follow their own rules, as this is something they rarely do if it’s more convenient to ignore. laws.
There are many other ways for homeowners to find out how long they have to get their lives together before eviction, besides trusting someone from the sheriff’s office to come and put a notice on the door. Additionally, notices can be blown by the wind, removed by nosy neighbors, or dropped somewhere where foreclosure victims are unlikely to seek a notice.
To avoid being blindsided by the possibility of being evicted without notice, homeowners should know the exact date the county foreclosure auction took place. Knowing that will give them a good idea of when their ownership interest was transferred to the highest bidder at the auction.
They then need to look up state foreclosure laws to determine how long they will have to stay in the home after the sheriff’s sale. Some states by law allow a redemption period in which foreclosure victims have more time, even after the sale, to pay off the amount they owed on the home. However, without researching the law, homeowners can move out prematurely, removing vital protection and an opportunity to start getting their finances back on track.
Redemption periods differ widely by state, with some having just a few weeks and others having up to a year after the foreclosure auction. Of course, other states have no redemption period at all, or have one before the sheriff’s sale. Again, this is why it is essential to check your state laws, so that foreclosure victims do not move out of their property too soon or too late.
But regardless of any other proceeding, the court, after the sheriff’s sale is over, must send homeowners an order to appear before the judge for the eviction hearing. At this hearing, the bank will take possession of the house and an order will be sent to the county sheriff to evict the former owners. Although this sounds pretty bleak, homeowners can seize an important opportunity to regain some control over the foreclosure process. The most important reason to go to this hearing is simply to have more time to save the house or move out of the property.
The judge may give foreclosure victims a few extra days or weeks to get a new apartment and start moving out of their old house. Just a few days can mean the difference between getting the last bits of a new lease done and moving out, or having to store items and move in with a friend or family member for a few days. However, this opportunity for additional time cannot be taken if no one shows up to the hearing first. The lender will simply take possession and the warrant will be sent to the sheriff to evict as soon as possible.
In a perfect world, landlords will receive multiple notices of an impending eviction hearing and the eviction itself. However, this is relying on county governments being efficient enough to communicate these important events to foreclosure victims and that homeowners receive notice in a timely manner.
Obviously, it’s pretty rare for government bureaucrats to be efficient, and even rarer for the average family to know enough about how the foreclosure process works to gain any control over it. That’s why homeowners need important foreclosure tips to understand how foreclosure will proceed, both before and after a foreclosure sale, and how they can negotiate with a lender or the court system for a more beneficial foreclosure resolution. .
