How long can I stay in the property after foreclose?
Submitted by sanjorge
from CA
- 12/20/2008 - 3:02pm
If I receive the sale notice and after 21 days the property is sold in the auction or is reposesed by the bank, how long can I stay in the property? Are they obligated to give me a notice to vacate the property? If the bank takes the property will they give me time to move out? What if the property is purchased by a private party, should I expect a notice to vacate the property? or would they allow me a reasonable time to move out? Thank you for your help. Jorge.
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Comments
Jorge -
This depends on what state you are in - If you are in CA, then the bank (or private party) will post a 3 Day Notice to vacate the home (after foreclosure) - depending on which bank, it sometimes will take them a couple days to coordinate this. On a more practical matter, they will generally offer you "cash for keys" and give you $1000-$3000 to leave within a certain time frame (7-14 days) and leave the home is "broom clean" condition. They do this because the cost of eviction and risk that the homeowner will steal things from the home or leave the home damaged is much greater then the cash for keys.
A tenant has 60 days to vacate in CA if the home was foreclosed upon and they are a tenant in sufference.
Hope that helps.
BOB
bob@inspiragroup.com
949-600-5404
My is house is foreclosing due to go to auction on 5-28-11. How son after sale do I have to move?
Our house went to auction on 5/11 and sold to an investor.. We received a 5 day notice to vacate..We live in Nevada
HI Rikki,
Under the Federal Protecting Tenants in Foreclosure Act (PTFA) a tenant in a home that was sold at Trustee Sale must be given a 90 day notice to move when on a month to month agreement. If there is a valid lease then the investor must honor the terms of the lease.
My house was foreclose after five months while it's in the short sale process. I'm so furious, Bank of America and the realtor I was working with lead me to believed that my house will not go in to foreclose while it's in the short sale process, that every thing was fine.
BofA just did a similar thing to me.... Had me send them a bunch of info so I could start a loan modification or short sale process. They ensured me that my foreclosure would be put on hold until the process was complete. Yesterday I came home with a notice on my front door saying that my home was purchased at auction! What??? Of course...BofA doesn't get in trouble for doing this. Crazy.
I am sure this is happening to so many people!
HI Anne,
I believe that you are correct and that this is happening to a lot of people. Dual tracking the file (reviewing for modification and proceeding with the foreclosure process) is not against the law. At one point there was talk of prohibiting the dual track process. The lender is under no legal obligation to approve a modification and I think that oftentimes the modification department and the trustee do not communicate. Then once the property goes to sale it is hard to "unscramble the egg" and reverse the sale so they let it stand. For anyone else that has been given this "verbal" information from the modification department make sure you are also communicating with the trustee. If you alert the trustee that there is an issue this will prompt them to review the file and potentially prevent your property from going to sale.
this is happing to me now! i have been working with BofA on a loan modification for 5 months and now i am looking at our house go for sale tomorrow!! WTH! we are not packed or have look for another place to stay. basically they are throwing us in the streets!! why do i pay taxes if the government is not helping us!!!
Bank of America is doing it to me also! I have been working with them towards a loan modification for 5 months or longer. Everything seemed on track and going smoothly. I provided them with all the documents they requested & I got a letter in the mail today that says my loan does not qualify for a modification. The foreclosure sale is in 7 days! This is crazy! My property taxes are paid and up to date. They are getting away with so much crap and it's based mostly on greed on the part of the banks.
Bank of America is doing it to me also! I have been working with them towards a loan modification for 5 months or longer. Everything seemed on track and going smoothly. I provided them with all the documents they requested & I got a letter in the mail today that says my loan does not qualify for a modification. The foreclosure sale is in 7 days! This is crazy! My property taxes are paid and up to date. They are getting away with so much crap and it's based mostly on greed on the part of the banks.
My house was foreclose after five months while it's in the short sale process. I'm so furious, Bank of America and the realtor I was working with lead me to believed that my house will not go in to foreclose while it's in the short sale process, that every thing was fine.
My house was foreclose after five months while it's in the short sale process. I'm so furious, Bank of America and the realtor I was working with lead me to believed that my house will not go in to foreclose while it's in the short sale process, that every thing was fine.
Hi Estrella,
The simple fact that there is a short sale in process does not automatically stop a foreclosure. Oftentimes a Realtor can get the bank to postpone a sale due to a pending short sale but there is never any guarantee. In defense of your Realtor, they may have negotiated 50 other short sales with BofA and were able to get the postponements until this one case. There are no rules that say that a lender cannot foreclose on a property when there is a short sale being considered. It is also important to note that BofA services loans for over 500 different investors. It was undoubtedly the investors decision to continue with the foreclosure.
I know this does not change anything and I completely understand your frustration. I personally feel really sorry for real estate agents trying to get short sales closed. In majority of the cases they do their best and oftentimes they are powerless to force the lenders to "do the right thing". Keep in mind that your agent has now worked many hours on this and will not get paid a penny. If they did lie to you then they also lied to themselves and worked for free on this file. It just doesn't make any sense.
I am so disappointed, I was led to believe I would be able to do a shortsale, only for B of A to decline the offer. My home is being auctioned today. I had the worst realitor, would not return my calls.Wow!
Is there any chance that I could get the same information, except for the state of Kansas?
Will I ever be able to find a place that will rent to me after a foreclosure, or am I destined to be a 46 year old who lives with her parents?
Please, does anyone have a timeline for the state of Kansas for foreclosure?
How long from the 1st unpaid (or last paid) mortgage payment do you have before you have to get out?
When the property goes up for sale, how long do you have if 1) it sells /OR/ 2) it doesn't sell?
Hi,
We are in unprecedented times in terms of the delays in the foreclosure process nationwide. We highly suggest contacting a local Realtor that can answer your questions about what is happening in your area.
Kansas is a Judicial Foreclosure state. The foreclosure process starts with an initial complaint filed with the court. The fastest a foreclosure can take place is approximately 4 months. There is also a 6-12 month redemption period. A local agent that specialized in foreclosures can answer your specific questions.
I live in Kansas and I also was in foreclosure. I stopped payments in mid-November of 2010. I ended filing for bankruptcy on the house in late April 5 days before the sheriff's sale. This delayed the foreclosure until the end of July when the bankruptcy was discharged. The bank started the foreclosure process and I received notice that the sheriff's sale would take place in late Oct. of 2011. I called the sheriff's department to find out how long I had after the property sold and was informed 90 days from the date of the sale. My lender bought the property back. I never heard a word from them on anything. I went ahead and vacated the property just prior to the 90 days. I am now renting and have no idea what happens next. So I was in my house for 6 months prior to the first sale and delayed it up to a year and 2 months later. Good luck.
I have a question and not sure how to submitted but here goes. I filed Chapter 7 bankruptcy in May 2011. My house was sold at auction on October 4, 2011 for more than what was owed. Do I get the difference or does it go to the bankruptcy?
I forgot to mention I'm in Texas
Hi LW,
You are certainly entitled to any overage after a trustee sale as long as their are no other debtors that have a claim against those funds. If all other debts have been fully discharged then you would get that money.
I am in CA and was just notified by my landlord today she would no longer be able to rent to me as she was turning over her keys to the bank on March 31, 2009. I have searched public records for notice of default, but have found none so far. My previous one year lease expired in Sept. 2008 and I was never given a new one. The landlord asked me to be out by that date. Do I have to vacate by that date since the foreclosure hasn't taken place? Would I be eligibile for a cash for keys agreement with the bank?
With no lease and plenty of notice you would not have a valid legal reason for staying beyond that date regardless of foreclosure. You could stay and force them to evict you, but then you may screw up whatever deal she made with the bank (creating liability for you) and you could even end up with an eviction on your credit report.
With no lease and plenty of notice you would not seem to have a valid legal reason for staying beyond that date regardless of foreclosure. You could stay and force them to evict you, but then you may screw up whatever deal she made with the bank (creating liability for you) and you could even end up with an eviction on your credit report.
how long does foreclosure take in NCd
I have been renting a property for 11 months. It is in a short sale the the bank holding the 2nd is not accepting the offer, The (offer Potential Buyer) agreed to rent the house to me, that is why I stayed. Now I am told the Bank Wells Fargo who hold the 2nd is not going to accept short sale offer. That the house will forclose on April 4, 2009 All verbal. The first is Citibank. How much time will I have to move? I am in Arizona and AZ law is different.
Thanks,
Barbara
I am going to lose my home to foreclosure in 10 days if my lender does not approve a modification. As the homeowner I turned part of my house into a studio apt. and have a tenent living there. Will he have to vacate the same day I have to?
Ok well, you could have went and talked to the bank that you were paying your house bills to, they can usually find a solution, so your house wont go on foreclosure. And you will have to vacate out of the house when the police officer comes and gives you a final notice, its usualyy 72 hours to 7 days, where u have to move out of the house, after that the propert becomes HUDs.
Mimi - While I agree the homeowner should certainly talk to their lender, the reality is that it will only sometimes result in a solution as many lenders are non-responsive, or offer "solutions" that are worse than walking away.
Also note that in CA the eviction process takes quite a while, and the Sheriff is only sent as a last result, typically months after the foreclosure occurs. Also HUD rarely ends up with CA Foreclosures.
If my house is set for auction on lets say February 5th, when will I have to vacate the premises, and I will I get further notice. This is in Arizona..
How much time do I have to move out of house after court auction? Will I get further notice? This is in the state of AZ.
When my house foreclosed, I had a lot of trouble finding information on this subject, but I finally did and here it is for you: You have a minimum of 3 weeks. You will first receive a written notice to vacate. Then you will have a minimum of five days to leave before they can file a forcible detainer in court. This must go to trial and then you will receive a court judgment. Once you receive this, you will have five days to get out before the sheriff can forcibly remove you and your belongings from the home.
Can someone please tell me how long I have to move out of my home after it has been foreclosed on here in San Bernardino, California?
The trustee sale is 1/21/10 in San Bernardino Calif.
Is there anyway to get 30 days or more to move?
And is there a way to rent it back?
Also how do you get Cash for Keys?
I have no money to move with.
And is there a difference between my bank buying my home or if a private party ends up buying it?
Thank you for any advice.
Steff
Someone will knock on your door in the near future on behalf of the new owner. Shouldn't matter much whether it is the bank or an investor. Tell them you are in no position to move, and ask if they will rent the home to you, or give you cash to move and leave the home clean. Negotiate the best deal you can.
Thanks, is there any chance I could come home from work and be locked out of my home with all my belongings and animals inside?
That's what scares me the most.
I just need a little more time and some money to move.
Thanks again
Steff
Very unlikely, and clearly illegal to do that in CA if it is clear someone is living there (furniture, animals, etc).
Thank you so much for you help
Steff
I was told that after foreclosure, california law will allows me to stay in the home 18 months after the notice to move has been completed? Is that true?
If you rent and have a lease, perhaps. If you were the owner you will get a 3 day notice to quit (leave).
Hey my sale date was Feb 2,10 ...how long do i have be b4 i have to move if no one have purchased it yet will HUD step in and will i be able to rent it from them or can i do a cash for keys ...im in GA
In 2008 Countrywide started foreclosure then stopped foreclosure in the middle of it all. They sent property management to my home and because we were at work decided to winterize and lock me out. They went through all our things dumping it all over the house. We still lived there and owned the home. What kind of laws did they break ? And who do we go after property management , Bank of America or Countrywide that no longer exsists ?
Bank of America did the EXACT same thing to me too. I was in the process of negotiating a loan modification with them and during this time I came home to find my locks changed and a "winterized" notice from "BAC Services" on my door. I called BOA (Bank of America) and was screaming at them and I was told "oh.. we are VERY sorry about that.. that should never have happened".. I demanded that they send me the keys for the new locks they installed and they sent them overnight delivery. When I entered my home EVERYTHING had been TOTALLY RANSACKED! They had dumped out every single drawer gone throug every single closet and threw all my clothes everywhere.. they then stole my Sony Play Station and other electronics and also jewlery. These people from BOA or who are contracted by BOA and nothing more than common thieves with "papers" from the lender telling them that they can break and enter and steal anything they want and destroy property! I also want to know.. WHAT LAWS WERE BROKEN and what recourse do I have? It is obvious that BOA had NO RIGHT to come on MY property since they quickly sent me the new keys when they realized their "mistake". Why is it that if I broke into someone's home and did what THEY did I'd be arrested and thrown in jail.. but.. BOA does this every single day hundreds if not thousands of times per day over the ENTIRE COUNTRY and NOT ONE GD THING IS DONE ABOUT IT!???
Greetings "DJB"
Wow!! BofA is in so much trouble all over the place with all these tactics the Feds are really hitting them so heavy their stock is dropping like a rock!!!!....how long ago did this happen to you??
I noticed the post was 8/18/2011 how long ago did BofA pull that stunt...
I am about to enter the foreclosure universe and BofA is the mortgage holder..
Also, did you inquire about "cash for keys" with them and if so what was the outcome...
Thanks in advance for letting me "pick your Brain"
Kellie...Sacramento Ca
I am in florida and my home was foreclosed on 02/16/2010. I haven't received any notice of sale or anything from the foreclosure. Does anyone know how long do I have before they evict me and how much time do they provide once they notify me. Any info would be appreciated. The bank is US Bank
I live in Central Florida and mine was forclosed about 1year ago and bank(chase at that time) still try to contact me for my homeloan cus it's still under my name. So I guess I am still the ower and city is keep charging me with WW bill for this time as well as yard clean up notice. I tried to talk to them about the bankruptcy which to forclosed the house but they keep saying it's still my responsibility cus I am still own it. I don't know if this help you any to relive your anxiety.
You will still have chance to live for at least 6mos. or longer.
listen if you want to keep your home try to modify the loan,call your bank and see what programs they have asap. I'm in tampa i just lost my home I tried the mod, my thing was too much money going out, i was not qualified. please if you are attach to your home call the bank and see what they can do. us-bank was the same company I had. never wait on the bank to send you info call and bug them to hekp you. I hope this help.
listen if you want to keep your home try to modify the loan,call your bank and see what programs they have asap. I'm in tampa i just lost my home I tried the mod, my thing was too much money going out, i was not qualified. please if you are attach to your home call the bank and see what they can do. us-bank was the same company I had. never wait on the bank to send you info call and bug them to hekp you. I hope this help.
I live in Virginia, I just received a letter saying my house was going up on auction March 18, 2010. How long to I have before I have to move out?
I saw your question about how long you have after an auction before you are evicted and now I am in that situation. I am also in VA and my auction is scheduled for 8/30. What happened in your situation?
Andrea,
My home was "sold" on 9/8. A realtor came to my door on 9/12 telling me she would negotiate a Cash for Keys deal with my bank. I have yet to hear anything from her.
The only notice I got that my house was to be sold was from my lawyer the day it was sold. BTW, I stopped making payments Decamber 2009.
My house went up for auction on 3/8/10, it did not sell and reverted back to the lender, since then I have had 2 investors show up (they were very pleasant) and 2 people show up to gut my house my house out. I told both that I am still here and they said that they will notify the bank. I have recieved nothing from the bank to vacate or any cash for keys offers. I have no where to go and am afraid that after I go to the store one day I will come back to find my locks changed and my stuff on the street. What should I be expecting from the bank and are they allowed to send these people without giving me prior notice to get out? -Victorville, CA (San Bernardino County)
I doubt the bank is sending them. Know that no one can legally lock you out of the property, if it were to happen just call the police. They are required to give you a 3 day notice. After that they still can't lock you out if you don't voluntarily move. Instead they have to evict you, which usually takes months, during which you will be served with papers about the eviction. Typically during this time someone from the bank will contact you and offer you cash to move out and leave the property clean.
Does this also apply for Nevada law I need to find a place for my dogs and me so willI gt a 3 day notice and if I dont vacate how ong do I have to leave my home? Thank you
The eviction laws would apply in Nevada also. The laws are different in Las Vegas than in other areas of hte state. A typical eviction takes on average 35 days unless you answer the complaint which would then require a court date and generally cause a 2-3 week delay.
The banks when foreclosing on homes in Nevada also typically offer a cash for keys incentive for you to move by a certain date and avoid an eviction.
Thats what I thought, I haven't recieved anything from the bank at all, I had to call the courthouse to find out that the house didn't sell in auction. These people just scare me, my neighbor is keeping an eye out to tell these people that I am still here. The bank has just hasn't communicated anything to me so far, but believe me I am packing ready for it, I am not being silly.
Oh...and who would be sending these guys if the bank is not....
Unfortunately there are scammers out there that have a long list of ways to take advantage of people at every stage of the foreclosure process. Maybe they want to take control of the property and do a rent scam or they want to move in so that they can negotiate the cash for keys with the lender. You should report people like this to the police. Sean is absolutely right. You have rights and they cannot just come and change the locks and dispose of your personal belongings.
So has a loan modification helped anybody????
There have been a few folks that have benefited from a modification but overall it appears that modifications have been a colossal failure. This is primarily because lenders were only modifying the rate and term and not addressing the principle balance and negative equity. Essentially people went from a toxic loan to a toxic modification that adjusted their monthly payment so that they could afford to stay in their home and make their payments for at least the next 5 years. There were huge numbers of failed modifications as people watched homes sell in their neighborhood for substantially lower amounts then what they currently owed and they decided to stop making the payments.
Modifications may have "helped" some people stay in their homes and avoid foreclosure but whether or not that truly "helped" them in the long run is questionable.
Well I recieved a 3 day notice on my door Saturday. I have to try to get ahold of them because there is just no way that I can have all of this done in three days. Up until last week I didn't even know where I was going to go. I start a new job tommorow (after almost 2yrs) and so I am happy but know worried they will come take all my stuff while I am at work. I am hoping that they will give me just a little more time to move my stuff.
Assuming you are in CA, they can't legally take your stuff. The three day notice is the notice they have to give before filing an unlawful detainer (eviction) lawsuit against you. It will likely be another 45-90 days before they could legally kick you out, and they would have to serve you with the lawsuit or post it on your door first.
Do try to get a hold of them. Typically you can negotiate getting some cash in exchange for moving quickly (a week or two), leaving the place clean and giving them the keys.
What is a lock out date after foreclosure? I live in Virginia and our house has been foreclosed and we have been in front of a judge that gave us 10 days to be out. We can't find any place to go and I have two teenage daughters. Getting scared here. I don't know what we are going to do. What is a lock out date?
Unfortunately the lock out date is the date the Sheriff physically removes you from the property and locks you out of the property.
what about the Florida laws?
The period may vary... But you have a little time to make some changes. Check for assistance to know well your time
Regards,
Tony
http://www.foreclosurelistings.com/
I own a three unit primary resident with one tenant on the third floor. I was todl by them that the locks were change and someone has move my belongs out on my 2nd floor and change the locks. My home had a sale date on feb 2, 2010, but I was never severe nor does the bank returns my calls. My tennats stated that someone show them papers on the Sale. I was never serve any papers and no notice was place on my doors. What do I do? Do I call the police? I can still get in my unit for it is a private door on the first floor. I can not get to the second or third floor. The tennats has the phone number that was left by this so call investor. I have my personal belongs on the 2nd and 1st floor and basement area. The whole entire house was all use by me and my family since 1994.
Do I calll the Police or have an attorney contact this investor?
I Live in the State of PA
I just went on line on to the court records and discovered that the propoerty i am living in will be up for auction June 3rd. Do i have to be out by then? Will the bank send me paperwork stating this fact? I live in Florida. Or am i able to stay until the property sells?
My lawyer did not sent all the papers to the court for file bankruptcy the case was dissmiss by the court and lawyer its hidding and keeps my money for nothing ????what can I do?????
You may want to contact the Bar Association to lodge a complaint. http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179 is the CA State Bar link for lawyer discipline and complaints.
we just moved in this house in virginia and 2 months later we find that the house is in foreclsure, how long do we have to find a new home and what happens to our security deposit, and what kind of legal action can be taken for frued?
PLEASE HELP thanks, michael
we just moved in this house in virginia and 2 months later we find that the house is in foreclsure, how long do we have to find a new home and what happens to our security deposit, and what kind of legal action can be taken for frued?
PLEASE HELP thanks, michael
You will need to consult with someone that has knowledge of the foreclosure process in Virginia. You can find a free HUD approved counsellor by going to www.makinghomeaffordable.gov. You can also contact a local Realtor that has experience in selling distressed properties. They should be able to tell you the foreclosure timeline, give you an idea about how long you may have and what the tenants rights exist in that jurisdiction.
My mom died and the house is going to be sold in a aution on 5/13/10 in CA. how long can we still stay there before they lock us out. I tried to talk to the bank but they will not talk to me because she did not leave a will. please advise
You need to contact a probate attorney asap. You are going to need to settle her estate regardless if there is a Will or not. This could also potentially delay the sale.
In California if you are a tenant then they are obligated to give you a 90 day notice or honor your lease agreement. An owner could be given a 3 day notice and then the eviction could start. Most banks and investors will try to negotiate a cash for keys to try to get the occupant to move by a certain date. If the property sells then the bank or the investor is going to make contact with you to find out if the property is occupied by the owner or a renter. Please read the above info carefully so that you can answer the question.
thanks Michelle I spokt to a probate attorney and they won't take the case because my mom owed more than the house is worth. I am so scared because I have young kids. I am not a tenant because the house was solely in my moms name so do you think I will still get 90 days notice.
If you were renting from your mom then you are a tenant. Does this make sense??
yes Michelle but I was renting from her I was leaving there I did make to mortage payments after her death but coudn't afford them
no rental agreement just living with her
My house was sold on action 5/4/2010. On 5/7/2010 a Real Estate agent stuck a noticeon my mailbox that represents Fannie-Mae. I called the and they toldme about the cash for keys program that they offer. I live in the state of Georgia, what or are there any program that can help me to buy the house back for the real estate or can a private person buy the house and rent it to me, and for the state of Georgia how long is the time frame to vacate the property after foreclosure and Fannie-Mae buys the house?
We are not familiar with the eviction laws in Georgia. You may want to consult with a local Realtor. Although we know that Fannie Mae does have a rent back program in certain areas we do not know if that includes Georgia. You would want to discuss that with the Realtor that represents Fannie Mae. They would know if Fannie would be willing to rent the property to you.
In terms of purchasing a property there are no programs that we are aware of that allow you to qualify for a home loan immediately after a foreclosure.
My trustee sale will be eight days from now. I live in the home (in California). Chase is the lender. In order to get an offer of "cash for keys," and also the best terms relating to the cash amount and number of days to move out, is it better to contact Chase now or to wait until after the sale for somebody to contact me?
I too live in CA, 64 yrs old and over 100,000 upside down. I quit making payments last month. How long can I live here until the lender forces me out? Thanks.
It will depend on how fast the lender files the Notice of Default. They can file right away or they can wait several months to file. The non-judicial foreclosure process in CA takes a minimum of 111 days. With all of the postponements and cancellations it is taking over 200 days on average before it goes to trustee sale. Then once the sale happens you are given notice to vacate the property. We are in unprecedented times and there is no way to know how long it will take to foreclose on your home.
You will need to wait until after the trustee sale. Keep in mind that a 3rd party investor may purchase the property at Trustee Sale or the sale may be postponed.
I live in Oregon. My sale date came and went, it ultimately reverted to lender. I had a note left on my door over the weekend, with only the lender's name on it (Wells Fargo); no contact info, just the name of the bank.
How much time do I have in the home? 3 days?
What is the process in Oregon?
Thank you!
It appears that homeowners are treated as tenants after a foreclosure in Oregon and the bank is required to give you a 30 day notice before they can pursue an eviction. They may offer you a cash for key incentive to leave early. You will also want to check with a local authority to see if there is any recent legislation that has changed the process in Oregon. In most cases the bank will assign someone (usually a local realtor) to make contact with you. You may want to contact a local realtor in your area for up to date info on the current laws and practices. Some local jurisdictions have other rent control ordinances and tenants rights programs that may affect your tenancy.
My mother passed away without a will, so her home has become part of the estate. Foreclosure/auction of the house is pending in two weeks (in MD). Even though I have tried to reach a repayment arrangement with the lender and have half of the amount that is past due, I am ineligible for a modification until probate ends. If the house is sold at auction, how long before I'll have to vacate? Are there any options available to me?
You will want to contact the probate attorney to work on a postponement of the sale date. We do not cover MD so we are not familiar with the foreclosure laws in that state. If the house is part of the probate then the sale should be postponed. You may want to contact the trustee or the attorney that is handling the foreclosure to make sure they are aware of the situation.
We live in Virginia. Our house was scheduled for sale on 5/27/2010 it was not sold so the property went back to the lender which is Ocwen. We have been trying to work out a repayment plan with no luck so far. Ocwen told us that the only option we have is to repurchase our home. How do you even find a lender after foreclosure? Is it worth having a forensic loan audit on a modification loan. I don't know how to find someone qualified in Northern Virginia.
I am not familiar with the foreclosure laws in Virginia but if the property has already gone to sale it is probably too late for any modification effort. It is highly unlikely that you would be able to qualify for a loan to re-buy the house through a lender. You would need to contact a hard money or private investor and then you would be required to put a substantial amount down and the interest would be much higher than traditional financing. If you have a family member or someone else that could qualify for a loan to purchase the property back that may be your best bet.
I just spent a few minutes reading all of these postings and it has me wondering, why are we as citizens demanding that banks stop foreclosing on homeowners? We live in a fractionalized lending environment so these banks really haven't lost anything but the expectation of interest income. Can't we all just rise up and so no! No more foreclosures! What are we getting for our tax dollars exactly? More wealthy Oligarchies and bought and paid for politicians? In a civilized society shouldn't people matter anymore? This whole thing makes me sick!
how long can i stay in my home after auction... in kansas
Hi Mike,
We are not familiar with the laws in Kansas. Your best bet is to contact a realtor in your area that has experience with foreclosures. They should be able to tell you how the process works in Kansas and also help you find a new place.
In Kansas they have a redemption period. During the redemption period you can stay in the house and try to come up with the money the bank is asking for or just stay and wait for them to ask you to move out.
After a forecloser in Ca.. is their anyway to keep my home.. i found a job 3 days before the sale date and was unable to stop the sale... I want to keep my home. Is their anything at this time to keep my home? The home sold last week
It is unlikely that the bank will rescind the sale and reinstate your loan. If the property was sold to the bank at the sale (not a 3rd party investor) then it is worth contacting them to ask but the chances are slim. You can also consult with a HUD approved housing counsellor on this for free. Go to Makinghomeaffordable.gov. They may be able to provide some help in this matter.
My cousin's house is up for short sale. The house is sold already. How long does he has until he have to move out? He us told us that he has three to six months to find a place and I think is that information is wrong. We both live in California.
My cousin's house is up for short sale. The house is sold already. How long does he has until he have to move out? He us told us that he has three to six months to find a place and I think is that information is wrong. We both live in California.
If the house sold at short sale then you typically would need to be out by the close of escrow unless there is a rent back agreement that allows you to continue to live in the home as a renter.
I stopped paying my mortgage April 2009, waiting on a modification as my payment was to high, good interest rate though. I have been in Modification review since Aug 2009, and now a Sale date was made for 9/10. I am still pending a workout, but Bank of Americas trustee is pursing the foreclosure still. When I call BOA they have NO Sale Date on record! Makes no sense, so she says wait until 14 days til sale date & request extension. Should I trust them? How could they not know that "their" property is goin up for auction. I totally don't even trust them, how could they review me for workout when they have no clue? So I am unsure if I should plan to be moved out by 3 days from the auction date or believe they will postpone the sale date they knew nothing about!? Help!!
There are a couple of blog posts you should read. The first one talk about a couple in a similar situation with a loan modification.
http://www.foreclosuretruth.com/blog/sean/loan-modification-denied-dont-...
The second one is about the Foreclosure Roulette that the lenders are playing which may help explain your situation.
http://www.foreclosuretruth.com/blog/sean/foreclosure-roulette/
The modification department and the trustee do not communicate. If there has been a sale date you may want to contact the trustee to let them know you are in a trial modification. That would alert them to verify whether or not they should postpone the sale. We wish we could provide you with a concrete answer but there is no way of knowing if they will postpone or if they are intending to go to sale.
We live in Arizona and was wondering how long we have before bank of America forecloses on our home and how long we can still stay after. It's been 8 mths since we have been able to pay. Thank you
HI Melissa,
There is no way to tell when the bank will start the foreclosure process. Directly above your post you will see a link to Foreclosure Roulette, A Game of Extend and Pretend that may help you understand what the banks are doing. Once the Notice of Default is filed that would start the foreclosure process. To see a timeline for Arizona go to http://www.foreclosureradar.com/az-foreclosure-process. We hope this helps.
We got a trustee of sale notice last night taped to our door. Our house is scheduled to go on aucton 1/12/2011. Would we be wasting money if we paid anymore towards the mortgage? also, how long would we be able to stay in the house before we are forced out by the sherrif? We are in Oregon. Thanks!
Hi Han,
Unless your intention is to pay the mortgage current and keep the property then making partial payments would be a waste of time if you have decided that you are going to let the bank foreclose on the property. It is doubtful that the trustee would accept partial payments if they are proceeding with the foreclosure. Although we are in unprecedented times in terms of the delays in the foreclosure process a standard foreclosure timeline for Oregon can be found by going tohttp://www.foreclosureradar.com/or-foreclosure-process
Just found out by phone from my mortage company that my sale date is Sept 8th have not received any thing in writing how long do I have before I have to be out? I live in Colorado.
I was served a 3 day notice to quit, do I have to answer that 3 day notice or do I wait for a eviction notice. I rent and the home I live in is being foreclosed on, I know I have rights but when do I answer to the attorneys and court and how do I make sure to get the full 90 or so days I'm allowed to stay?
If you were served with a 3 day notice to pay or quit and you do not move then they would need to file an unlawful detainer and you would need to answer the complaint in order to have your day in court. The notice and eviction process is different in each state.
I live in CA. I live with my boyfriend, who owns this house. Technically I am not a tenant since I do not have a rental agreement with him. The shortsale didn't go through so it is now foreclosed, owned by Fannie Mae. The realtor representing Fannie Mae slapped a notice on our door last weekend. We were offered cash for keys program, the amount varies for 15 days, 30 days and 45 days. We were never served a 3 day notice.
The amount offered for vacating immediately is not enough to cover the moving cost and rent. Could we negotiate the amount, or are we wasting our time? Also, should we have the cash for keys offer in writing, so that it will be honored? If we choose not to go through with the cash fo keys program, would we have 45 days until the eviction process starts, or would they give us a 3 day notice, considering he is the owner? Thank you for all your help.
The 3 day notice is the required notice before they file an unlawful detainer lawsuit against you. The actual eviction process will take 45 days or more.
Cash for keys works by you exchanging keys for cash, you don't need to get their offer in writing (though it won't hurt), but don't give them the keys (or give up possession) until they give you the cash.
One thing to keep in mind is that you technically owe rent from 8am the day of the foreclosure sale. If you go through the eviction process the judge will award the new owner a judgement for that rent. Almost always better to accept cash for keys, and always worthwhile to try to negotiate for more money and/or more time.
Give me a call, I can have the sale reversed and your parents can have their home back. The process takes 6 months.
Rodney
310-849-8796
Hi Lisa,
Contact the agent to see if you can negotiate on the cash for keys offer. If you cannot come to an arrangement then they will serve you with a 3 day notice and start the eviction.
My parents' home was foreclosed in CA and they were given a 90-day notice to vacate the property. What is the time line of events that would occur if they do not leave within the 90 days?
Hi Danielle,
The 90 days notice applies to all renters in CA. The bank (or investor) is required to give tenant 90 days notice following a trustee sale. They may also contact them and offer a cash for keys incentive for them to move even earlier. If they do not move by the end of the 90 days then the bank (or investor) would need to evict them through a formal eviction process.
Thank you Michelle!
Do you know how long the formal eviction process takes? Would there be court appearances, fines, etc. involved? Thanks again.
Once you give the appropriate notice (3 day notice to Pay Rent or Quit) you would then need to file an unlawful detainer and have the occupants served. If they answer the complaint then you would have to appear in court. Once you go to court, if the judge rules in your favor, then you would need to schedule the sheriff to come out and evict the occupants. At that time you would have someone there to change the locks and you would take possession of the property. Depending on how backed up the courts are in your area and if the tenants answer the complaint the process could take a few weeks to a few months.
Give me a call, I can have the sale reversed and your parents can have their home back. The process takes 6 months.
Rodney
[number deleted by admin]
Rodney - we've removed your phone number as we don't allow advertising.
Everyone - Beware of anyone that claims they can have any trustee sale reversed. Even in cases where the lender made an error the sale can not necessarily be reversed. The reasoning is that the new buyer is a bona-fide purchaser for value and should not be harmed by your dispute with the lender. And the fact that you lost your house can be included when calculating damages if and when you actually win your case against the lender. Note that to date this remains extremely rare - think millions of foreclosures vs. a handful of successful challenges.
Also, even if you get the house back what changes? Hopefully you defaulted on the loan for a reason... likely either being underwater or unable to make the payment. Neither of those things will have changed.
The only winners I can see out of this is attorneys.
That said, we do (very rarely) see folks foreclosed on by mistake despite making payments as agreed and of course you should immediately hire an attorney in those cases.
I was in the process of trying to do a modification I was told to send in a new profit & loss and 3 weeks later with out any further communication I got a Notice that the property was foreclosed on
I think I bring in enough monies to be able to afford the house
The existing loan was 725,000 they did a mod on it a awhile ago and it did not come near what the true valus has dropped too The Property worth is now about $436,000 I was told that they could do a mod on it agan and come near the today's vakue
Can you tell me where I stand and what I should be able to do>>>>>.... Thank You Pat Reece
I guess they didn't like your P&L. ;-)
All kidding aside, we hear this often. Most people don't realize that the foreclosure proceedings often continue in parallel with loan modification efforts. My guess is the fact that they had already agreed to a mod just a year ago, and you were now back asking for more led them to pull the plug. At this point the most prudent thing to do would be just move on. Your only alternative would be hiring a law firm to try to overturn the sale. I don't know if you'd have a case, but most folks I see going down this path are throwing good money after bad.
Be sure to read Foreclosure Roulette - A game of extend and pretend for a better understanding of why this market is so dysfunctional.
I lost my job in NM, and had to move to TN for a new job. My income is less than half of what it used to be. I tried working with the bank, but that was a joke. I just found out from a realative in NM that my sale date was in the paper. I have never been notified or called that there was even a sale date. Is this legal? nI think that I should have been contacted with the sale dat.
Hi Erin,
I am not familiar with the foreclosure process in NM. Each state has their own requirements in terms of the posting, publishing and recording of the documents. They may have posted a notice on the door of the property but since you are now living out of state you may not have seen that. Publishing the notice in the paper is one of the steps they must take.
in the state of michigan do i have to receive a notice of sale of my foreclosed property and how long do i have to move, and can the new owners just show up and enter the house and throw my property out onto the street?
Hi Monica,
I am not familiar with the foreclosure process in Michigan but each state has their own foreclosure timeline and laws regarding the posting, publishing and recording of the documents.
Typically the bank or the investor that purchases your property will first try to make contact with you after the sale. If they believe the property is abandoned they may post a notice on the door and if no one responds after a certain number of days they can make entry. In CA they cannot just throw out your things out if the contents of the home exceed $500 in value. If they do make contact and you refuse to leave they would need to formally evict you after giving the proper notice as required by the laws of your state.
When in the foreclosure process do I have to move out of my house in AZ? the foreclosure sale is Jan 28 2011
If the property goes to sale on January 28th then you will no longer own the property as of that date. If you have not moved by then the bank or the investor who purchased the property will make contact with you to determine your intention. If you are unwilling to move they will have to give the appropriate notice and then formally evict you from the property. Oftentimes the bank/investor will offer a cash for keys incentive to help/encourage you to be out by a certain date and leave the property in reasonable condition.
I have a lease with Fannie Mae. The house I live in is in contract for sale. Will I be given thirty days notice at closing or before that date? What is the policy? Will I get assistance?
Hi Denise,
If you have a lease with Fannie Mae and the house is sold the new owner will typically need to honor the terms of that lease. You will want to review the terms of your lease and look at when it expires and what the notification requirements are under the terms of your lease.
if my short sale failed and bank is closing out the file, how long before they lock me out?
if my short sale failed and bank is closing out my file, how long before a lock out?
if my short sale failed and bank is closing out my file, how long before a lock out?
Hi Rose,
It would depend on where your house is in the foreclosure process and what state you are located. The lender cannot just come and lock you out. They must foreclose on the property and the foreclosure process is different from state to state. You can contact a local Realtor that can look up the foreclosure status of your property or you can contact a Free HUD approved counsellor at makinghomeaffordable.gov. If you reside in one of the 5 states that we cover WA, CA, OR, NV and AZ you can go to the Learning Center on our home page and see the foreclosure timeline for your state under Foreclosure Process.
I'm a renter in Chicago, IL and the home has gone into foreclosure. We were served with a 90 day "Notice of termination of tenancy and intent to file forcible entry and detainer action and demand for possession" by the banks law firm. It was served on 10/31/2010. When will the actual 90 days be up (I heard in some states it can't fall on a weekend) and will the sheriff show up after the 90 days and immediately remove us from the property?
We do not currently cover Chicago, IL so we are not familiar with the laws of that state. You may want to reach out to a free HUD approved counselor by going to makinghomeaffordable.gov. They should be able to answer all of your questions or refer you to someone that can.
My mother was locked out of her house on a foreclosure. They are saying that thye are oging to auction off all of her belongings and we can not get them back is this true? I live in CA
John
My mother was locked out of her house on a foreclosure. They are saying that thye are oging to auction off all of her belongings and we can not get them back is this true? I live in CA
John
Hi John,
If the sale just happened they cannot just lock her out of the house. The would have to give her a 3 day notice and then evict her by filing an unlawful detainer.
If they have gone through the eviction and locked her out they are required to hold the property for 15 days and if the property has not been reclaimed (they can charge storage fees) they must inventory and document the personal property and publish for sale and sell at a public auction.
Keep in mind that John said he was in CA. This answer applies to CA only. The laws in each state will vary.
Thank you because the auction house was trying to tell me I could not get it back.
John
Hi John,
When you say the auction house was the property foreclosed on a while ago?? Was the property abandoned?? If you need help you can always reach out to a FREE HUD approved counsellor by going to makinghomeaffordable.gov. If they cannot help you they can refer you to someone who can.
I am trying to buy a forclosed home in michigan, bank countered, we are ready to accept but the homeowners still live there. No one can give us answers to when they will leave. I am uneasy sayig "yes" to the bank because i feel the owners might wreck the home and take everything including fictures.. please help
Hi Kim,
We hope that you are working with a good realtor that can advise you. I don't have any experience in Michigan but I believe it is rare that a bank would sell a property with the prior owners still occupying the property. Typically banks sell a property "as is" so you are smart to question this situation.
My home in CA sold at auction on the 02/18 I was still in the process of moving my belongings. Due to a death in the family I out of town from the 15th - 20th. When I returned to CA I went to my home the morning of the 21st to find a realtor sign in my yard and a lock box on my door and my garage door opener unable to oped the door.
On the front window was a no trespassing sign.
Before I left out of town I left my radio on in the home so no one would think it was unoccupied. When I call the number on the sign, she said all my belonging where put in the garage and set a date of me to retreive them. As I was putting my things in my car I noticed alot was missing and they said they would ask the people they employed to clean and paint if they took the items. Should I contact a lawyer?
Hi Sylvia,
You state that you were in the process of moving so it is possible that the majority of your personal belongings like clothes, food and other daily use items were moved prior to the trustee sale since you left town on the 15th. The bank representative may have believed the property was abandoned and at that point they entered the unit and proceeded to clean up and inspect the premises. It sounds like they may have had reason to believe the property was abandoned and they moved the items to the garage for storage until they could legally dispose or auction off the property. In most cases the bank representative will photograph and document the condition of the property before moving anything.
You can certainly consult with an attorney that can look at the details of the case beyond what you have written here and provide you with legal advice on this matter.
I received a trustee sale date of 2/22/2011 and still trying to mod the lender told me it was to late and their system shows my trustee sale is 2/24/2011
So i am asking how long after the trustee sale will they approach me with an evict or cfk since when i called the lender the told me to contact the trustee and work it out then they transferred me to another dept which told me i would receive a letter from them stating when to move.
Hi Ken,
If the property went back to the bank at trustee sale then the bank will typically assign the property to a local agent/representative who will make contact with you to determine the occupancy of the property and your intentions on moving out. At that time they would negotiate the cash for keys or determine if they are going to need to evict you. I have seen the banks have a representative assigned the same day as the auction and I have also seen cases where weeks have gone by before someone makes contact.
Thank you for sharing the information regarding foreclosures. Not everyone can be helped in the way they want but the goal is to avoid foreclosure. Foreclosures solutions and short sales offer ways and help in order to keep your home.
KL - Realtor
http://www.krislindahl.com/
(763)795-1824
I live in Utah and my house has completed the foreclosure process, been put up for auction but it did not sell, so the bank took it back. They have offered me $2300 to move out in 2 weeks which won't even pay for one month rent and deposit. If I don't take the cash and move out in 2 weeks.....how long would I be able to stay in the house without being evicted? How long does the eviction process take?
I was given 7 days and no offere for money.
The eviction process in Utah for former owners (if you answer the complaint and force a trial date) is approximately 55 days. If you are a tenant it is approximately 79 days.
It is very important to note that many landlords are willing to consider renting their properties to folks that have been through a foreclosure. You may find it more challenging to rent a property with an eviction on your record. This shows a prospective landlord that even though you have not paid to live there for some time you were unwilling to leave until they evicted you through a court of law. Years ago when I was working for a property management company we would accept tenants with poor credit and great references but we would not consider anyone that had an eviction on their record.
I tried to repeatedly to work with CitiMortgage. Communication was close to non existant. I had a person show up at my door and said "be out in 5 days this house sold to an investor." I think it depends on the mortgage co. Also never recieved an offer to leave things and offered an incentive if I did. I asked if I could rent for a few months and was told NO! Maybe it is the investor who offers the move-out offer.
I just wanted to post a more recent foreclosure story from the state of Arizona... We haven’t paid for over 2 years; bank of America is our lender with Chase as a 2nd mortgage holder. Our trustee sale was postponed over and over for a 1.5 year period. The final sale date went through on March 3, 2011 and we have not heard anything yet on an eviction or move out date etc. It is our belief that the banks our WAY overloaded here and most people have a lot more time then they would expect. We have found a place to go but we really want to be offered the cash for keys so does anyone know what things should be left here in order to show the bank etc that we still occupy the premises? Thank you :)
I live in CA. My landlord has yet to inform ime of anything that''s going on but on but I have gained info from appraisers and real estate agents. The landlord quit paying the mortgage. He was trying to get a loan modification - no go. It was up for "short sale". This brought hoards of people knocking on my door everyday to see the house - no agent present, no notice, etc. Now there was a document posted on the front door stating the property must be vacated on Apr 21 as it goes up for public auction that day. (That's 20 days from now). Landlord is shady at best. I know my deposit will be impossible to get from the landlord. If it is bought by someone and they let me stay, how do I get my deposit? AND - Should I be paying the rent this month. I will need the $$ to move if this all happens the way the notice states. Don't I get a 60 or 90 day notice? I really need to know if I should be paying the rent. Even if he does an eviction, he won't own the property by the time the eviction goes through.....
Hi Kristin,
In CA a tenant must be given a 90 day notice after a trustee sale. Oftentimes a lender or investor will offer a cash for keys incentive to vacate before the 90 days. Also keep in mind that trustee sale postpone on average twice before going to sale. Although the property could go to sale on the original sale date it could also be postponed.
Although technically the rent is due as long as you are living in the property it is true that you will undoubtedly not be getting your deposit back. The landlord could technically still evict you for non-payment of rent but if they are losing the property it is doubtful that anything will happen.
Thank you Michelle!!
I am planning on placing my rent $ in an escrow account and lettng the landlord know that I am waiting to see who to pay, the lender or whomever. In the meantime, do I have the right to as for proof of the escrow account he is required to have that holds my deposit just for verfication?
Hi Kristen,
That is the absolute safest thing for you to do. I would wait until the landlord serves you with a 3 day notice to pay or quit (if they serve you) before I would show proof of the escrow account. At least you have this in case they do decide to pursue the matter with an eviction.
I live in Georgia and was told that after the house I was renting was sold at auction I had to move whether I was given efficient notice or not. I don't have the money to move in two days notice.
Hi Joe,
Although we do not cover Goergia they would still need to give you notice to vacate. If you did not leave they would then have to formally evict you from the property which could take 60-90 days on average if you answer the complaint. In most cases the lender or 3rd party investor would contact you and negotiate a cash for keys incentive to get you to leave the property in good condition by a certain date. Oftentimes this is the best deal since it gives you some cash for moving since you may not get any of your deposit back. The laws vary from state to state and I do not know the laws on the return of a security deposit in Georgia. If you want you can reach out to a free HUD approved counselor at Makinghomeaffordable.gov for additional assistance.
Hello, I rented an house in the victorville ca, area, and moved in on april 1 st, on april 13th the house went to the bank. what r my option as far as me staying in the house because i took all my money to move in too the home. Its a single family home in a tract area.
HI Shaunte,
In CA the lender/investor is obligated to give you a 90 day notice since you are a renter. In most cases they will try to offer a cash for keys incentive for you to be out by a certain date. This amount is to help you wish moving expenses and hopefully prevent you from doing any damage to the property. In the coming days you will be contacted the lender or the 3rd party investor that purchased the property at trustee sale. At this point you can tell them your story and see what they are willing to offer. At the minimum you have the right to stay for 90 days and after that period they could evict you.
My sale date is June 30th What are the Illinois laws??
Hi Karen,
We do not cover Illinois so we are not familiar with their laws. You can reach out to a FREE HUD approved counselor by going to www.makinghomeaffordable.gov. They should be able to assist you with understanding the laws of your state. Oftentimes a local real estate agent can give you information on the foreclosure process. They can also help you find a new place once you are ready to move.
I have received a letter from USDA Rural Development that their intention is to foreclose on my home loan. It just lists my options on either listing my home, turning over my home to them, or being evicted. How much time do I have to have the back amount to them before a sheriff will come to my home and evict me? I have almost all of the money saved up and ready for them. Just short a little bit and want to make sure I am ok until payday when I can get the rest. I live in Kansas.
Hi Para,
Where is the property located? The foreclosure laws vary from state to state.
I live in Kansas
Hi Para,
In Kansas the foreclosure process takes approximately 4 months. There is also a 6-12 month redemption period in Kansas.
I was just notified of a notice to occupant to vacate premises, the foreclosere was done on 4/29/11, the bank bought the house back. I have a licensed Day care out of my house and i cannot just pick up an move in 3 days. How much time do we get legally before we have to move. We have tried to have the bank do a loan modification and they are not co- operating. What can I do? HELP
I was just notified of a notice to occupant to vacate premises, the foreclosere was done on 4/29/11, the bank bought the house back. I have a licensed Day care out of my house and i cannot just pick up an move in 3 days. How much time do we get legally before we have to move. We have tried to have the bank do a loan modification and they are not co- operating. What can I do? HELP
Hi Ama,
The laws vary from state to state and in some cases county to county. You do not indicate where the home is located. Typically the bank will try to negotiate a cash for keys agreement with you. That is where they offer you a certain amount to help you relocate and you agree to be out by a certain date. Otherwise they will need to formally evict you. In some areas that can take a few weeks and in other areas that can take a few months.
I have a pic a pay payment plan. however, the minimum payment is 1015.00 and the interest is 1900.00, the fully amortized loan amt is 2400.00 which will mature in sept.2012. I dont want to move, however the future looks bleak, the original loan was for 270,000 and now I owe 313,000 on the townhome. I am 62, retired and I spoke to indymac bank once but they turned me down because i was current. Maybe i should stop making payments and they would consider me? I am unemployed with two dogs and single.I also refinanced twice when the housing market was doing well. Any comments?
HI Joey,
You are in a very high risk loan which means that the lender will probably reach out to you once the loan starts adjusting or they may be more responsive to a modification at that time.
I would never suggest to someone that they stop making their payments because there can be some very serious consequences. The cruel reality is if you are current on your mortgage your loan is not escalated to an urgent status and the lender is less likely to seriously look at a modification request. You may want to reach out to them again. You can even seek the assistance of a free housing counselor at www.makinghomeaffordable.gov. The only other alternative is to wait until the minimum payment under the pick a pay expires and your loan adjusts to the fully amortized payment. Chances are that will move you up the list of priorities and the lender will look more closely at a work out program. Always remember that the squeaky wheel gets the grease so maybe you should just continue to contact the lender. You never know when you will reach the right person or the right program will come along to help you. Good luck. Keep us posted on what happens.
Location: Utah. I am tenant in property recently auctioned/ foreclosed. We have been contacted by bank with cash for keys offer. In the meantime, our former landlord has physically posted a 3-day notice to pay or leave the property and has had his attorney send us a letter stating that we owe rent to him and that they are prepared to litigate against us for the "term of the lease" which could be quite costly to us. He also says he is going to "take possession". The lawyer's letter is unnerving. Can they come in and lock us out? Is this legal?
Hi Dee Kay,
I can only assume that the landlord is fighting the foreclosure?? If the property is now bank owned the landlord would have no legal right that I am aware of to pursue you for the term of the lease. A landlord cannot just "take possession" and lock you out. They would need to formally evict you which in Utah takes approximately 52 days if uncontested and 74 days if contested. You may want to reach out to a housing counselor in your area that can help you. There are free HUD approved counselors in your area and you can find a list by going to www.makinghomeaffordable.gov. Good luck!
on 05/25/2011 my house was on sale at the court , didn't sell and today 3 days later a realtor showed up at my house and offered me 4,000 if i leave the house in 15 days. I told him that i would think about it. but the reality is that i would like to say until i found out when the sheriff is going to show up for eviction.. how many monts can i stay in my house i am from california.
Two things: 1) Check the Fannie Mae website to see if your home is owned by Fannie. If so they will likely agree to rent it to you for one year, 2) if you don't take cash for keys and you wait for the sheriff the bank will get a judgement against you for rent from 5/25/11 forward as part of the eviction process. Plus both the eviction and judgement will show up on your credit report and may affect you ability to rent going forward.
I have applied for Loan mods mutiple time and finally now that I'm working I meet the income requirements after being laid off for over 9 months. I'm at the 31% income/debt ratio. Yesterday the bank called and said that NOW based on the NPV calculation my loan was denied for a loan modification. The bank wants to proceed with foreclosure. The NPV is a big secret calculation/software that the bank won't fully explain but I researched it on my own. I requested a work order to be opened for dispute and they declined my dispute of the NPV. I paid a firm to help me but they only helped me to prepare the loan mod for the 31% ratio which was declined. I'm single with kids and no where to go. I even heard bankruptcy is Texas isn't a beneficial option to prevent foreclosure. My home has an auction date of 6/7/11. What can I do?
It's not secret. You can actually check your NPV at a site put up by Treasury and HUD here: checkmynpv.com.
We vacated our home a year ago as it was to go to auction after a bankruptcy---I have been liable for the water/sewer for the entire time while living in a rental---It did not sell and has been sitting there with the yard in disrepair and the house empty for the entire time---I want to move back in to cut our expenses and clean up the yard and care for the house as it will be August before an attempt at auction again--We live in Portland OR--What are my options?---Thank-you---If it does sell , how long until we need to be out?--
Hi Nancy,
You are the owner of record on the property until the bank forecloses. This does mean that you are responsible for the upkeep and utility bills on the property. You can certainly move back into the home until the bank forecloses. Once the property is sold at trustee sale the winning bidder (bank or 3rd party investor) will contact you to see if you are planning to move. They will typically negotiate a cash for keys incentive to get you to move out by a certain date and to encourage you to leave the property in good condition. If you fail to come to an agreement then they would need to seek a formal eviction against you. An eviction of a former owner takes approximately 45 days in Oregon.
Okay, so. Right now, the bank owns the home and is putting it up for auction on the 13th of this month. I'm just wonder, if the house DOES NOT sell, would we be able to stay in the house until it does sell?
We are trying to get into contact with HUD and homeless assistance in the area, but frankly, today must be a freaking holiday or something because no one is answering the dang phone and we've been leaving messages for like 2 weeks (I secretly think they where all raptured on the 21st).
We live in California, and I was just wondering the law on that kinda thing. We have a senior living with us (67) who has no immediate health risk (not on respirator/oxygen, ect.) and a minor (14) living in the house. We where foreclosed on in January and they have not giving us any 'You must leave in such and such Days' or eviction notices of any sort, just a phone call to say our house is being put up for auction.
Also, if the house was slightly damaged while in our care (couple holes in the drywall, doorknob is missing from a door, most of the screens in windows fell out and wouldn't go back in), and we didn't have the money to repair it at the time, could they sue us or do anything to us for repair money?
Hi, i was trying to modify my loan but got declined on 5/24/11. The foreclosure hold was released on 6/7/11 and went to auction. On the same day, we received a 3 day notice from a 3rd party that says they bought the home and want to change the locks. What are my options at this point. We were not prepared for this shock. How long do we have to move out. I live in Riverside, CA.
Your best bet is to negotiate with the new owner for "cash-for-keys". Basically ask them to pay you to move quickly and leave the house clean. Not unusual to get enough to cover first and last months rent for a new place - though they have no legal requirement to offer this.
Your other alternative is to force them to evict you. If you do that then they will file an unlawful detainer (eviction) suit against you. You might be able to delay the eviction for a bit by answering the suit, but in the end the sheriff will lock you out and you will get a court ordered judgement against you for rent from the day that the auction was held until the day you move out.
Hi my house was sold to a third party at the auction she is deceased but the bank didn't know that so she will get a unlawfull detainer to move the title is in her name but me and my kids are living there will we get one? can this go on my credit even though my name is not on the title and if the investor oftens keys for cash does this pertain only to the home owner?
Typically the unlawful detainer will be filed in a way that it applies to all occupants. If at some point you end up personally named in the suit, and you do not agree to cash-for-keys then it could show up under your name in public records and affect your credit. Best bet is to take cash-for-keys, and the new owner will typically be willing to give cash-for-keys to whomever currently occupies the property.
thanks I didn't word that right the house was in my moms name and she passed away me and my kids leave with her. if the investor comes to the house should I tell him my name? will I get the detainer on my name? does the keys for cash apply to me since my name is not on the title
one last question would I get a 3 day notice or a 30 day notice OI read the owner get 3 days but tenant or occuptant get 30 days?
Eviction and cash for keys apply to the "occupant" - not the "owner". The question of 3 days vs. 30 will come down to whether you are a tenant (did you pay rent), or simply a family member of the owner. You likely are only entitled to the 30 day notice if you can prove you were a rent paying tenant. That said - keep in mind that I'm not an attorney. Given the recent passing of your mother I'd imagine there is a probate attorney helping at this point? It would be smart to seek their advice, or the advice of another attorney to verify what your rights may or may not be given the specifics of your situation.
thanks for all the help there is no probate attorney because my mom didn't leave a will and she was upside in her mortagage I lived with her and when she died I made a few mortgage payment in her name but couldn't afford it so her house went to forclosure so I don't know about if I apply to the 3 day or 30 days and I don't want a eviction if there is a unlawful detainer my name is no where on the title
i received a 3 day notice from a lawyer. I don't know if I should call them. they didn't offer me keys for cash. they didn't even comes to the house. a third party investor bought the property and I am the one whos mother died . do you think I should call the lawyer there is no way I can be out by 3 days
HI Lisa,
It can't hurt to call the lawyer to discuss your situation. The new owner is not obligated to offer a cash for keys incentive. If you try to communicate with them you may be able to negotiate something as opposed to forcing them to file an unlawful detainer and formally evict you.
I am in a lease purchase with a Contract for Deed. On Friday I found out the seller had gone into foreclosure on 2/2/2011 to include the property we live in and are buying. THE SELLER HAD OTHER MORTGAGES AND HAD PLEDGED OUR PROPERTY. We have been in a lease purchase for two and a half years. We have not been notified that the property has been foreclosed on. How long can we stay in the property, it goes to sale in two weeks. Can we gum the works up becasue we have been bought the property and have been making our mortgage payments on-time?
HI David,
It sounds like you need to consult with an attorney right away. If you had a lease option and were paying the mortgage payments directly you would want to see what loan is actually in foreclosure. Was it a loan taken out by the owners after the lease option?? It sounds like you need to see legal advice on this one.
I am amazed by the lack of knowledge about rights of tenants in foreclosure that I see by the comments here, especially regarding the Act of Congress that Obama signed May 20, 2009 that is PL 111-22 and is referred to Protecting Tenants At Foreclosure/PTAF that you can find with a google search that overrides any state law that provides less protections. Fact is however that law enforcement is also just as ignorant about this law as everyone else, including banks and property preservation companies and services, excepting those 24 or so that over 18 months ago received letters from both the Connecticut Attorney General and the California Attorney General. Contact me 24/7 anytime you need help and I am very much interested in hearing from anyone that is involved with US BANK/BANCORP and or Five Brothers Mortgage Securing and Services, LLC of Warren, Michigan.
574.804.0006
mlfwf@yahoo.com
Hi all...I have just read thru all 4 pages of this...very good info!!
Now my question...My GF and I are currently living in a house as roomates with a girl, her father passed away and she has been living in the house since then. The house is in Auction as I type this....We do not have any kind of rental agreement with anyone,we have just been paying to keep the utilites on for a place to stay. Once the auction is finished how will the cash for keys work with 4 of us in the house and if we do not accept the cash for keys we will have a 3 day notice and then eviction process after that which will give us 45 days or possibly longer???
We are in Hemet california.
Thank you in advance
Jeff
HI Jeff,
Under the Protecting Tenants in Foreclosure Act they are obligated to give you 90 day notice. In most cases this is why they will offer a cash for keys settlement. You get some money to help you with moving expenses and they get possession of the property faster than 90 days. You are all legal tenants. The cash for keys would be offered in exchange for everyone moving out. How you split that amount is entirely up to you. If you agree to the cash for keys and all but one tenant moves you will not get the money until everyone is out.
My home is foreclosing in 6 days, 7/21/2011. I live in Mississippi. My mortgage has been with GMAC...... does anyone know how long I will possibly have before I will be evicted?
Hi Crystal,
Once the property does go to sale (we are in unprecedented times in terms of the number of delays in the foreclosure process) the lender/investor will contact you to find out your intentions. Typically they will offer a cash for keys incentive and if you cannot come to an agreement and they are forced to formally evict you the eviction process in Mississippi takes about 65-90 days. If you answer the complaint and go to court on the eviction it could take 109-210 days.
my house is being foreclosed/auction in two days..How long can I stay in the home ? I live in N.H
HI Celeste,
Once the property sells at foreclosure sale the lender or the investor who purchased it will make contact with you. If you cannot come to some agreement to be out by a certain date they would need to formally evict you. The eviction process in NH takes approximately 75 days from the 3 day notice to the estimated lockout date.
In most cases it is best to try to negotiate with the bank/investor. Having an eviction on your record can make it harder to find a rental.
I was just notified by property management company home was foreclosed on how long before we have to move. I am in SC. The property management company is upset because owner lied to us all. please let me know of any information about this process in SC.
Hi DB,
Under the Protecting Tenants in Foreclosure Act the lender or investor would be required to give you 90 days notice to vacate if the property goes to foreclosure.
Some of the comments i seen about about auctions of a home and forclosures how long does it take it normally will take 30 days for the person who is in the home to find a new home to live in up to 1 year depending on the courts.
You will have to go to real estate court if your home is under foreclosure and or if the real estate aution due to back taxes and mortage that takes about 30 days up to 1 year depending on where you live and what bank your dealing with.
For renters the bank will give you up to 1 year for the renter and tenates that rented the dewelling from the land owner that is no longer owning the house.
the bank will work with you in that mean time you will be able to send the payments of rent to the bank or lender that the mortage is under that will go to the mortage still due on the property and you will be able to spare time to get your self a new house to live in.
Remember not to damge the house the bank will use that against you and the land owner when the land owner has to go to real estate court that will pretain to any one under the age of 18 still a student that is in the care of a adult that lives in the house that is being auctioned or foreclosed and the items inside are not touchable unless it is not your items and it is the land owners items then that is the property of the auction and the bank forclosing on the house the renter has the right to ask for time up to 90 days to find a home.
Hi Kristy,
It will depend on the foreclosing lender but the law says 90 day notice for a renter and if they have a valid least then the lender would be obligated to honor the terms of that lease. Although an eviction could be delayed and take up to one you the lender will not give you a year to move. We have heard of cases where Fannie & Freddie has done a rent back but we have not heard that from any other lender.
Ok, I was 12+months deliquent on my Bank of America mortgage. I was in the process of a modification through the actual lender. gave them all the required documents etc, 2/28/11. Foreclosure process was still running parallel with the mod request. Already filed a chapter 7 Bankruptcy that was discharged in 12/10. This obviously stopped the original sheriff sale. The home is on the market throughout this period becuase I have about 50K+ in equity, so my thinkning was that if I get denied for the mod, i can still walk away with the equity and start new somewhere else. Well I had several offers on the house that I declined b/c i was waiting for the mod to go through. Now I receive a sheriff sale notice on my door that is scheduled for 8/9/11. They posted it on 7/26/11. Not even a 15 day notice.Immediately called bano of america. they tell me that the mod was declined, they never notified me via phone, email, or otherwise, that I am not eligible for a short sale because there is not enough time, that my options are to fully reinsate the loan with the past due amount which is 25k, or pack everything up and move out. I am not eligible for any other alternantives. Contacted my realtor and she got her broker to offer a cash contract to stop the sheriff sale, but is willing to let me keep the house on the market for 3-6 months, and still live there in the meantime. If it still doesn't sell then he will take possession of the property and give me 5K to cover moving exp and a new place to live. He also will help find that for me. So we faxed the signed contract etc to the lender on Thursday and have been calling persistently to see if they are going to stop the shiriff sale. Bank of Amer claims each time I call that their systems are down and they dont have info yet. The sale date is TWO days away. Will the Bank stop the sale since I have a cash signed contract on the property, and if not. How long would I have to move out before they LOCK me out. The part that really burns me up is that during the whole modification waiting time (6 months) I did all new carpet, paint, Furniture etc thinking that I would be staying. I am at a complete loss as to what to do now except check myself into a funny farm!! By the way I live in Delaware. Any thoughts, advice, suggestions etc?
HI Sandi,
They may postpone the sale. You can check with the trustee using the phone number and the TS# on the foreclosure notice. There is legislation pending surrounding this double track issue. The lender is not obligated to offer a modification. Because you do have some equity it is reasonable that they will postpone the sale but certainly not guaranteed. Keep in mind that BofA services loans for over 500 different investors. At the end of the day it is the investors decision.
If they do foreclose they will typically send a representative (agent) to do the occupancy check and negotiate an agreement for you to move by a certain date. They will also sometimes offer a monetary incentive (cash for keys) to help you move. If an agreement cannot be reached then they would be forced to evict you. In Delaware the eviction process take 60-90 days.
I was recently given 90 days to vacate the condo i rent due to the property being forclosed on. The bank representative came in 2 weeks early and changed the locks before the 90 days was up and threw out my remaining possessions in the unit. how do I get them to repay me for these items?
Im a tenant in new jersey and I know that the owner of the house stoped paying morgage around 2/1/2011 , he still collect rent from me , I feel it's not fear to pay him if he is not paying , so for how long I wil have to pay him ? I know that the house is in auction right now , for how long the owner can stay in their house , and after how long I get a letter to stop paying them rent and move out ?
Hi Cindy,
As long as you are receiving the benefit of use of the property then the rent is due regardless of the status of the payment of the loans. Many tenants stop paying rent because they believe that a landlord will not evict them for non-payment if they are losing the property anyway.
Under the Protecting Tenant in Foreclosure Act if the property does go to foreclosure sale then they would be required to give you 90 days notice. Oftentimes the bank (or 3rd party investor) will offer a cash for keys incentive to vacate by a certain date.
Some renters choose to stay and "work the system" others do not want to be bothered with this so they elect to move.
I'd add that "working the system" has costs. If you stay and try to delay the eviction you are likely to end up with a judgment against you for all rents from the date of foreclosure. The prior owner would also have a case against you for prior rents - though it is unlikely they'd pursue it.
One thing you should watch out for is your deposit. If you have a one month security deposit you might want to consider running one month late in your rent - that way you don't have to worry about trying to get your deposit back from a potentially broke landlord that no longer owns the property.
I live in Las Vegas, Nv. My home was sold at auction today. This afternoon my next door neighbor called to say there were people in my house!!! When my husband got there, sure enough the new supposed owners were in the house. They said "the door was open.". Not! We had started to move our stuff to a new home but hadn't finished doing so. That house was still our residence. What rights do we have? I thought there was a process?
We recently modified our first mortgage and we were trying to modify our home equity line. Our home equity line was with Wachovia which is now Wells Fargo. When we first saterted working with Wachovia our first mortgage was in a forbearance aggreement. We were making our payments and since the postponed date was coming up Chase postponed again which set a new date and wachovia said we were in default and cancelled that agreement. We then went back to the beginning process and with the merger of the 2 companies everytime I called the original person I talked to no longer worked there. We then applied for a loan modification through Wachovia. Since they were no longer doing modifications it went outside the bank and we were denied. About a couple weeks later I received a call from Wells Fargo saying I need to make a payment to keep the house current. I thought great. I went and mde the payment. However about 2 weeks later they sent me a check back saying not enough. More time went on. I then found out that they were working on the foreclosure again. I sent updated records to the number I had used before for the modification and asked someone to please call. After a week of not hearing I looked on wells Fargo page and found a number. I was transferred a couple of times before I got into contact with Anne. I xplaines to her what has happened and she told me the three options. She said if I got all the papers to her she requested she could start a loan modification with Wells Fargo. I said ok and sent her everything. She told me if all the paperwork looked good that the foreclosure sale would be postponed and the sale could not take place since we were working on a modification. I checked in with her before we were scheduled to go away. I said I need to make sure everything is on track and that the house could not be sold. She said she just got the the approval today but didn't know the extended time. I said. Ok because I won't be able to be in contct with you til I get home and I don't want to find out the house was sold. Well guess what. When she said she got the approval she didn't say that we needed the judges approval too. We were approved for the loan modification the day before the house sold but the judge still sold the house. We live in Broward County Florida. Wells Fargo has filed a motion to vacate the sale and we are waiting on that. I was told that I too should file a motion to vacate the sale so my story could be told. I am looking for any advice that might help.
Also reguarding my post. When the papers were filed it doesn't show our first mortgage company as a defendant and the house sold to cover the home equity line which is well below the 1st mortgage price. Can someone please explain this to me on how this works
Also reguarding my post. When the papers were filed it doesn't show our first mortgage company as a defendant and the house sold to cover the home equity line which is well below the 1st mortgage price. Can someone please explain this to me on how this works
If the 2nd (heloc) sold at trustee sale, then the buyer would be responsible for paying off your 1st mortgage as it would remain a lien against the property. Note that since the 1st loan is still in your name, any missed payments, or if they fail to pay and the 1st forecloses, will all still show up on your credit report, not theirs. I'd recommend reaching out to the buyer and giving them payment information as they may be willing to make the payments on your first which will HELP your credit, and when they resell the property the 1st should get paid off in full, which should also help your credit.
i live in california , sac i just found that the duplex my husband n i live in is selling n our landlord has told us nothing about this we got a knock on the door yesterday with a realitor wanting to show our side of the duplex to the people wanting to buy the duplex . i was caught off guard n very upset . how long do we have after the sell starts to move we dont have any extra money we have 3 kids . the new potential owners want to live in both sides an not have either tenants . the landlord didnt even give written notice that of people coming in , he said bank investors were coming n they were coming when its was convenient for our family . he had been tellin me an my husband all this time that he was doing a loan modification we had nothing to worry about n we found out yesterday he is selling the property with out our knowing it . so we would at least be clued in to whats going on . we had been asking him about this so called loan modification for the last 4 or 5 months . what do we do ? how long do we really have ?
Hi Salena,
You would want to read the terms of your rental agreement. If you are on a lease they would need to honor the terms of your lease. If you are on a month to month tenancy then the landlord can give you 60 days notice at any time.
If the landlord or his agent would like to show the property they would need to give you 24 hours notice. This is typical of any rental agreement. If this does not work for you (you have a dinner party planned or you are sick) then you can ask them to wait for another day. Your best bet since they do have the right to show the property with reasonable notice is to work with them.
hi i and my wife just went through a foreclosure but the house wasnt sold the bank took it back at auction. we are both disabled and live on low income we just received a notice to quit and vacate by 8/29/2011. i was hoping u could give me some advise on how long we can really expect to get out and do they have to help with the expences of moving. also is the any laws to protect the disabled in these situations thx mike
this is mike again we live in PA. THX AGAIN
We pay the house for 3.5 years than my dad went into forclosuer the promise took abt a year than after the promise went threw we paid a lawyer monthly 300 to keep us in the house but than the association took the house sense march of this year and they didn't say nothing well around the 14 of august they send a lady from the association given us a letter that we have 3more days before we get avicted but I'm still at my house and I was wondering around how much more time I still got in the home
Hi! Please thank you in advance for your help! I don't know what to do! I live in a small town in AZ and can't go to a Realtor because a Realtor supposedly bought my home and is now being unreasonable! I can't afford an attorney.
I was informed that my owner occupied home (duplex) had been sold by some guy that I had noticed hanging around my house for several days. He told me he bought it. I had NO CLUE! I was told by the bank that they would not foreclose while we were doing a modification, which we had been doing for nearly 2 years since the death of a co-borrower took 1/2 the income.
Since then he has gone to my tenants and gotten them to let him in to take pictures of everything. Sign a new lease agreement and change the locks! We have still yet to receive a COPY of proof that he owns the house. The County website still shows me as the owner. We had agreed that I would be out by the 15th of Oct and signed with witnesses and next thing I know he is giving me a 5 day pay or quit! My tenant does not know who to pay rent to. I don't know if I am going to be forced from my home in a couple days or not. This guys is being very pushy and bossy, not to mention he comes over without so much as calling.
I would like any thoughts you may have on my situation PLEASE. I am about to become homeless and I am freaking out a little! My plan was to sell everything in the houses that I purchased, i.e,. Water Softener, R/O; Cabinets I had built/installed for the garage; w & d; etc... I am concerned that I will get in trouble if I sell these items. Any ideas? I put a lot of money down on my home and a lot into it and I really DO NOT want this mean heartless man to get it all. Not to mention I NEED the money so bad it is not funny! Just to get out of here and get a new place somewhere far from this town.
I appreciate your assistance soooo much!
We received a summons from our mortgage company which is BOA & the 11 circuit court in Miami-Dade county Fl to response within 20 days which we did. Our question is how long from this point before our home goes in foreclosure? which it is because my husband had cancer and is disable. I now am unemployed. Due to all our financial problems we had to do a chapter 7 bankruptcy, liquidating our assets. I sent the a response letter both to the court and the mortgage lawyers. We have no monetary to hire a lawyer either, we're willing to give up our home since it's in the bankruptcy, but we need a bit of time. We received a mediation letter which we are not contesting. But did replied. Can someone tell us how much time we have before we lose our home. We thank you for any advise or recommendations you might have. Respectfully, Angel and Carmen
Hi Carmen,
The foreclosure process in Florida takes approximately 150 days. This is assuming there are not any delays and based on an uncontested foreclosure. Accordingly, time lines will vary from case to case. You can always reach out to a HUD approved housing counselor at www.makingHomeAffordable.gov. They provide free services and can answer all of your questions and possibly help you with referrals for relocation assistance when the time comes.
Just stopped paying here in Oregon... How long do I have? Thanks
Just stopped paying here in Oregon... How long do I have? Thanks
GMAC is the Lender
Hi David,
You can check out our foreclosure timelines in the stats and trends area of our site. http://www.foreclosureradar.com/oregon-foreclosures
In OR it takes on average 150 days from the filing of the foreclosure notice to the sale date. It could take several months of missed payments before the bank initiates the foreclosure.
are home was sold to auction and we have been given notice of the ssale frrom the investor on 9/8/11 . the same day he purchased it he told me thity days and has given me till 10/12/11 to move out .now he could only offer a woppin g$500.00 if we left it clean .we have been there for 12 plus years in what was already a run down home and its gonna need alot of work .is it worth cleaning it up .i dont think we are going to have time to do it nor the money . but im worried they will come back and charge us if we leave any garbage there . can you tell me if we leave our garbage and wave the 500.00 bucks are we in the clear or will they charge us later? also the mortagage company (wachovia ) never notidied our second lein holder at all about this and they never paid him either .should we still have to pay that ? and is this legal ?
Hi C Thomas,
The cash for keys deal means that they give you the cash when you give them the keys to the house that is clean and free from your personal debris. This does not mean that you need to do any repairs and as long as the damage is normal wear and tear that doesn't count (if you kick in the walls and break all the windows and fill the pipes with cement then this is damage) If they do not think you have cleaned the place they can refuse to give you the cash and you can refuse to give them the keys. See how this is working? They have an interest in getting you out without doing any damage and not having to evict you.
In terms of your second mortgage. This loan was wiped out at trustee sale but this does not mean that they cannot come after you to collect. If this was a purchase money 2nd (meaning you took the 2nd out to purchase the property) then the lender would have no recourse. If it was a cash out refi then you would want to consult with an attorney about your best course of action.
I did cash for keys with bank of america. I live in ohio. It has been almost a year now an di just got a certified letter from bank of america and a Titanium Solutions talking about loan mods and retention programs, is there a way to get my house back?..It is still empty and not been sold. The doors have been wide open all this time from whatever company came and did the so call winterizing. Its an insult that the home we loved and sadly had to let go is just left wide open for anyone or anything to just walk in! Is there any chance we can work a deal and I can get my home back?
Hi Brandy,
I can tell you that Titanium Solutions is a real company (not a scam) hired by lender to make contact with homeowners that are delinquent. One of 2 things possibly happened. The first would be that the lender messed up and sent this file to Titanium when it has already gone to foreclosure. We have certainly seen mistakes like this where the left hand and the right hand do not communicate. The second option is that there is a "possibility" that the bank is willing to work with you and there MAY be a slight chance that you could get the property back. I stress MAY and POSSIBLE because this is a long shot but maybe the lender realized that there were mistakes in the foreclosure process or maybe there is a new program to assist homeowners in your area. I wouldn't get my hopes up too high but I would talk to the Titanium representative and see what they have to say. I certainly hope that things work out to your advantage. In this market I have learned that expect the unexpected and never say never.
I LIVE IN OREGON AND HAVE A HOME THAT HAS BEEN FORECLOSED ON BY BANK OF AMERICA. CAN YOU TELL ME HOW LONG AFTER A FORCLOSURE DO I HAVE UNTIL I NEED TO VACATE THE HOME? I HAVE BEEN TOLD BY B OF A CUSTOMER SER VICE THAT I WILL BE NOTIFIED BUT HAVE NOT AT THIS POINT AND IF I AM TO BE NOTIFIED WILL THAT BE BY MAIL, PHONE, NOTE ON THE DOOR OR???.
I HAVE HEARD THAT THE BANK HAS PREVIOULSY GONE INTO HOMES WHILE THEY ARE STILL OCCUPIED AND WEATHERIZE THEM WHICH WOULD MEAN TO SHUT OFF THE WATER AND DRAIN THE LINES BUT NOT LIMITED TO THIS. IS THIS COMMON PRACTISE? DO I NEED TO WORRY ABOUT COMING HOME SOME DAY TO A DISTURBED HOME?
I WOULD APPRECIATE ANY HELP YOU CAN GIVE ME. B OF A CUSTOMER SERVICE HAS NOT BEEN HELPFUL.
THANK YOU AND MANY BLESSINGS..
Hi Tracy,
Bank of America will typically assign the property to a local agent that will make contact with you. (This usually is a knock on the door or a note if they miss you) In many cases they will offer a cash for keys incentive to vacate by a certain date. If you cannot come to an agreement then they would need to formally evict you from the property.
Although the lender usually has a property assigned to an agent and they make contact within a a few days we have heard cases where the bank did not contact the occupants for several weeks.
Hello to everyone.my husband and I have been renting a home w/ our 5 children for 3 years.recently we recieved a form stating that our home was going in forclosure on 10/26/2011..we also paid our rent in full this month to the landlord(we have all receipts).oh I also forgot to mention I have a 5yr old son with cancer that's been given a 30% of survival and the owner knew that and still failed to warn us of what was happening.how can we get help for our cost to move and would we qualify for "cash for keys"
Hi Nieshaj,
Although distasteful there is nothing illegal about the landlord accepting rent even if they are delinquent on their payments. If you are receiving the benefit of the use and occupancy as outlined in your rental/lease agreement then the rent would be due. If you are not on a lease then typically a month to month tenancy can be terminated with a 30 or a 60 day notice.
Under the Protecting Tenants in Foreclosure Act the bank/investor would be required to give you a 90 days notice to vacate or honor the terns of your lease agreement. Oftentimes they will offer a cash for keys incentive to help you with moving costs. Your situation would absolutely make you a prime candidate for a cash for keys agreement. I do not know any lender or investor that would want to evict a family with a sick child.
I am certain that none of this makes you feel any better given your personal circumstances. I know it must have been a shock that you did not need when you first learned about this foreclosure sale.
In some extreme circumstances the lender has agreed to rent the property to the occupants after the foreclosure sale but you cannot count on this. Keep in mind that trustee sales are often postponed so you may have longer than you think.
We will keep you in our thoughts and prayers. If there is anything that we can do for you please feel free to contact us at support@foreclosureradar.com.
Ok just got papers for foreclosure said i got 30 days to file what happen if i do nothing we dont have money to file and cant keep home how long can we stay live in il.thanks.
Hi Grace,
I am not sure exactly what papers you received. Did you property already go to sale and these are the eviction papers?
What are the laws in NM for foreclosure? We are currently homeowners & are thinking to voluntary go into foreclosure because we don't want to be in the state of NM any longer & plan to move to CA by next summer. We have not paid our mortgage for the last 4mths & recently did mod on the loan this was before we decided to make the move. Since we have decided to move we are not sure if we should follow through with the mod & have the property go into foreclosure. We are scared that we come home & our stuff is put out or worse... Please help answer some of our questions. Thanks MA
The foreclosure process in NM take approximately 4 months. If you do not go through with the modification then the next step would be for the lender to start the foreclosure process. NM is a judicial foreclosure state so the foreclosure process will start with the filing of a complaint.
I live in Washington State. My home was "reverted to lender" at auction today.
I'm getting mixed information about how long the bank has to actually have me out of the house. 3 days? 20 days? If it's 20 days from sale and it takes 3 days to get me the notice of sale, does that mean that I now have17 days to vacate? Have you heard any first hand experiences on the approximate timeline between reversion and expulsion?
I read in an earlier post that "the eviction process in NH takes approximately 75 days from the 3 day notice to the estimated lockout date." Do you know the timeline of the eviction process in Washington State?
I may say here that the bank has done their due diligence and pretty much followed all procedures carefully, therefore I really haven't a leg to stand on. Just prayers to make it past the holiday season:)
Hi David,
This process will vary from lender to lender. I have heard form homeowners where a bank representative shows up the afternoon of the sale while others have not heard from anyone for weeks. Once the bank makes contact they usually try to negotiate a time for you to vacate. Sometimes they offer a cash for keys incentive to be out by a certain date. This could range from a couple of weeks to a couple of months. If they cannot negotiate a date for you to be out then they will pursue the eviction. In WA you have 20 days to vacate before the lender can pursue an eviction The eviction process takes 55 days days on average. It sounds like you may be able to stretch this out through the holidays if you are willing to go through the eviction process. Eviction procedures do vary from county to county.
I live in CA. My wife has had cancer for 2 years and my 7 year old daughter has Kawasaki disease. We've had to go to various hospitals for each, ending up at Stanford. Needless to say, medical bills have killed us. Also, the large bank I was working for let me go with quite a few other people, but they forced me into resigning, so I can't claim unemployment. So we had to claim bankruptcy and had the house in there as well, but the kicker is, my Mother-in-law has the loan under her name, though we showed proof we've been making the payments for the past 7 years under our name. We also have tried to reduce the interest rate or refinance, but it is so upside down because of home values in this area, we are stuck. So now since we have lost our savings, have no income, and have medical bills, we stopped paying the mortgage back in July. A certified letter came to us about a month ago, but we never picked it up at the post office. I guess my question is, I understand if foreclosed we are contacted, then are we told it is going up for sale? That it has sold? Are we given the information about the buyer so we can contact them about possibly renting? If not, and we get the 3 day notice to vacate, we still have about 45 days before we are told by courts to vacate, correct? If that is the case, does that go on our credit report too? DO we owe "rent" to the buyer during the eviction process? Is there anything else we can do to keep the house? We tried for several years to make things right, but it just killed us after losing my job and we have nothing left to "adjust" our lifestyle with. We don't buy anything, we need a different car (our family car keeps breaking down), and I am out looking for jobs daily... Thank you for the help.
Wow, your story is a good reminder that not all foreclosures are "strategic". Life events still affect everyone, and you've certainly had more than your fair share. I'll try to answer your questions:
1. Foreclosure in CA requires notice to be recorded at the county, published in the paper and posted on the property and an attempt to reach the borrower (mother-in-law?). The notices include information about when the property will be sold. Not unusual for folks to say they never saw the notice, but that alone won't overturn a sale, so don't assume they can't foreclose if you haven't seen it.
2. Once the sale occurs someone representing the new owner will contact you, typically the real estate agent for the bank, or the investor themselves. They will inform you that the property has been sold, and ask how quickly you plan to leave. Many will offer you cash to leave quickly and leave the property clean... though they aren't required to. If you refuse, then they will proceed with eviction (an unlawful detainer lawsuit).
3. If you don't agree to leave and they have to file a lawsuit it may affect your credit as a public record item. The court will also award them a judgement against you for "fair market" rent (yes, you do owe rent for that period). I always recommend negotiating cash-4-keys and moving, its really no fun to be thrown out by the sheriff.
4. My guess is that it will be difficult for you to keep the house given the things you outlined unless the mother-in-law is willing to step up to the plate to get a loan mod or bring it current herself. Not sure that makes sense regardless if you are way upside down. I always recommend trying to negotiate a short sale, rather than just letting it foreclose, and you could certainly talk to a Realtor about that.
Best of luck to you and your family.
I live in TN and we have fell behind on our mortgage. We are about 6 months behind and have been trying to do a loan modification the whole time. First our loan was with Saxon and they were impossible to deal with, but just as I overnight-ed them every aspect of my life- check stubs, bank statements, tax returns ect...our loan was sold to loan care. I now have to start all over, but the foreclosure that has been sent to an attorney is still progressing. If the house goes up for auction , how long will we have to get out. Please any help at this point I feel so defeated and at a loss of what to do next, we really want to keep our house but feel like the mortgage company is doing every thing in their power to make this as hard as possible. Thanks- Tara again this is in the state of Tennessee.
hi Tara,
A foreclosure in TN takes approximately 60 days. The eviction process takes 65-75 days. Once the property goes to foreclosure sale the lender/investor will usually make contact with you to find out if you plan on moving soon. If you cannot come to some agreement about when you will be out they will be forced to formally evict you. In many cases the lender/investor will offer a cash for keys incentive for you to be out by a certain date. It is usually a good idea to work out an agreement and avoid an eviction.
please help!!!!! My relative which I lived with recently died:( and after going through his bills we found out he is about 4 months behind on his mortgage and I cant afford to pay .Whats going to happen? Should I notify the mortgage company or just wait for a eviction notice?I really dont know what steps to take and really cant afford to move at this time.
Thanks
Hi Sunny,
It is really hard to tell how long you have. The bank would still need to foreclose on the property. Depending on the laws of your state that could take several months. Once the property goes to foreclosure then the lender/investor would make contact with you to determine your intentions and negotiate the date for you to be out.
You could have a couple of months and this could take more than a year.
I received a notice of trustee sale dated for 23 days from today. I live in California, Sacramento county. My landlord said she is letting house go and I should stay here as long as I can rent free. This only after I confronted her in email about the trustee sale. Then, today, I recvd a 3 day pay or quit from her via someone I assume is her relative. Is this her being nasty or is it required by her within the foreclosure process? I am very confused by conflicting info. How long do I really have? Im no longer in a lease, but I dont want to be on the street with my cats and dogs, and Im scared. I cant afford to move right now, and I dont have money for an attorney. Please, any info is good.
Were you already behind in the rent? If so then yes, they can proceed with an eviction. If not, then they can still evict you, so long as they still own the property, but they would have to serve you with a 30 day notice, not a 3 day. Either way the eviction process takes weeks, especially if you respond to the complaint, and its possible they will no longer be the owner by the time the court date arrives. If you are going to handle it yourself without an attorney start by reading this: http://www.dca.ca.gov/publications/landlordbook/terminations.shtml to get familiar with the process.
I had paid rent up til she told me to stay here as long as I can rent free. Im not sure what shes up to, but I think shes playing dirty. I dont really know why she would tell me not to pay then begin the eviction process. thanks for the info.
I lost my job and my husband got a huge pay-cut at work... We have 3 little kids and struggled to make our mortgage. We were going back and forth for a home mod. with B of A for 2 1/2 years, and finally gave up when they kept sending notices, and nothing ever seemed to be finalized. Sale date on our home was set for Dec. 3rd, our home was sold at auction. We were waiting for some sort of Cash for Keys incentive to assist us with moving costs. However, we got a notice to vacate within 3 days... we don't have the money to move, what are our options?
Hi Kevin,
Make contact with the bank representative or investor to see if something can be negotiated. They are not obligated to offer a cash for keys incentive. If you do not vacate then they will be forced to file an unlawful detainer and formally evict you. This could take several weeks and may buy you enough time to find a place and hopefully put the money together to be able to move. I highly suggest reaching out to a housing counselor in your area. There may be some programs or assistance available to you because you have children. You can find a list of FREE counselors at www.makinghomeaffordable.gov.
As already mentioned, in most cases the 90 day federal law (which has already been posted here earlier) applies for tenants. In CA, a 3-day notice for the former property owner is required. In either case the 3 or 90 days is to give you time to vacate. In CA, after this time period an unlawful detainer must be filed. Then it's 30 days to 60 days without depending if you answer the eviction and when you receive notice of the lockout from the sheriff.
Please make sure you know your rights! I've run across many lousy attorney offices, that was an agents for the bank, that do not follow the laws and try to bully tenants out of properties because they don't know the laws. Wells Fargo tried to to this to me. First they offered cash for keys with not even half of what people are posting here. It wasn't even enough $$$ worth talking about. Then, they filed an eviction after 2 weeks after serving a 90 day notice to vacate.
Clearly it was illegal, so I filed an answer. In the mean time, the bank's attorneys tried getting me to sign a stipulation that they would give me the 90 days and hold me harmless if I left the place in mint condition, otherwise they would get a default judgment against me.
I said no dice. The property wasn't in mint condition when I moved in and the bank had no move-in inspection to prove otherwise. I wasn't dumb enough to sign an ambiguous stipulation, so they could have me jumping through hoops for them, using the default judgment as a lasso.
In the end, the court put a stay on the eviction pending the 90 day time period. I vacated before then and the rest is history. Really the bank should sue there attorney, as there taking them for a ride. They did this incorrectly, which costs the bank more $$$.
But thats really what I've found attorneys are really about. Push more and more paper to run the bill up. Thats what it's all about. Things could be resolved inexpensively and quickly, but then the attorneys make less money that way. So if we delay this and file more of that...taking the long way around the block, the attorney makes more money in fees. There clients don't know what to do, so they milk them.
I've found most attorneys are also not very good. They use there title to scare people. Most attorneys are more afraid to go before the judge then you are. Thats why your own attorney tries so hard to get you to settle, rather then going to court. It's always nice, when your own attorney is working against you isn't it? And billing you to be against you to boot.
Do some investigating and don't be afraid to take them head on and give them a swift kick in the pants. They need it!
Hi Joe,
In most cases the bank/investor will offer a cash for keys incentive to be out by a certain date. Although you are correct about the eviction time lines I just want to point out that homeowners that have gone to foreclosure have not made a payment for a year or more. Tenants living in a property on a month to month agreement can be given notice to move at any time when a property is not in foreclosure. A tenant in a foreclosure is actually given longer with the 90 day notice then they would get if they lived in a property that was not foreclosed upon and the landlord wanted them out.
Although I agree that if someone has children and does not have the financial ability to move then they have no choice but to wait until they are formally evicted. Keep in mind that once the eviction process starts with the filing of an Unlawful Detainer this will appear on their record for the next several years and could impact their ability to rent a place in the future. Years ago when I managed properties an unlawful detainer was grounds for immediate denial of a rental application. This effectively said to the landlord that this tenant has been through an eviction before and it may be easy for them to do it again. This is why I always recommend that the tenant work with the lender/investor on some agreeable terms. After all, you are eventually going to have to move. If you have options, do not let it drag on so long that you damage your self in the long run. Sometimes when you stand so firmly on principle you only end up hurting yourself.
I live in Indianapolis,I opened my door yesterday and there was a summons on my porch saying the mortgage company was suing us and threatening to forclose on our home,do you know how long it will be before we would have to be out after recieving the summons??
Hi Lorri,
You may want to reach out to a local Realtor in your area. They will be able to tell you what the current practical time line would be on a foreclosure in Indiana. I can tell you that under the foreclosure laws in your state you have 55 days fro the time the complaint is served and the Default Judgment is entered/Redemption period expires. There is then an additional 60 days to complete the advertising and the sale is held 20 days later.
Keep in mind that we are in unprecedented times in terms of the delays in the foreclosure process nationwide. A local agent should be able to tell you if they are operating in line with the laws of the state or to expect delays.
My house in Colorado was foreclosed upon on November 9 (despite being in the short sale process with an offer in place).
I have since agreed to a cash-for-keys deal with a move-out date of January 28th. I recently also was given a Demand for Possession document, basically informing me I need to vacate immediately from the attorney's office for the new owner, Freddie Mac. I called the attorney and was told that the cash-for-keys deal is in place but that they are also continuing with the eviction process, and that there will be a hearing and a lock-out date in the near future.
I have a question regarding Michelle's response on 12-9-11 above.
Am I to assume that the attorney will soon file an Unlawful Detainer with the county court, and this will end up on my record, even if I comply with the cash for keys requirements by moving out by the specified date?
My house in Colorado was foreclosed upon on November 9 (despite being in the short sale process with an offer in place).
I have since agreed to a cash-for-keys deal with a move-out date of January 28th. I recently also was given a Demand for Possession document, basically informing me I need to vacate immediately from the attorney's office for the new owner, Freddie Mac. I called the attorney and was told that the cash-for-keys deal is in place but that they are also continuing with the eviction process, and that there will be a hearing and a lock-out date in the near future.
I have a question regarding Michelle's response on 12-9-11 above.
Am I to assume that the attorney will soon file an Unlawful Detainer with the county court, and this will end up on my record, even if I comply with the cash for keys requirements by moving out by the specified date?
Hi Scott,
I know that some lenders will dual track but I have not heard of a lender going as far as filing the complaint when there is an agreement in place.(I may be wrong on this and will ask around) If this is the case then this would appear on your record. I do not have any personal experience with the eviction laws in Colorado. This may be standard practice in that state. You may want to reach out to an attorney familiar with the laws in CO or reach out to a free housing counselor at www.makinghomeaffordable.gov. It is important that you at least understand what is being filed so that you can explain that to future landlords.
The house next to me went into default two years ago, but the tenants (renters) of the property have stayed in the house. They have not payed any rent for at least 18 months. Can the owner still evict them, even though nothing has been paid on the note since they stopped paying rent? As I understand it, the financial institution has not yet gained control of the property.
There is a question of the tenants owning dangerous dogs, and the potential of lawsuits from people who have signed statements to present to a judge. There is no insurance on the house or property, and the owner of the property can be held liable.
I failed to note in the above comment about the tenant squatters, that this case is in Florida
Hi David,
It is my understanding that the owner can evict the tenants for non-payment regardless of the loan status on the property. Tenants ofter stop paying rent because they believe that the landlord will not spend the money to evict them if they are losing the property anyway.
I know that in most Deeds of Trust in CA there is a clause that requires the homeowner to keep the property in good condition. It is long shot but it may be worth sending your letters to the bank to let them know what is happening. This COULD cause them to speed up the foreclosure process.
would you be able to tell me where to look this up in Florida code?
Hi David,
I am not familiar with the laws in Florida but I believe that an eviction attorney would be able to provide you with that information. You may check the websites of local eviction attorneys. You can also reach out to a housing counselor in your area. You can find a list by going to www.makinghomeaffordable.gov. They should be able to refer you to a place where you can find this information.
My lawyer is a joke. My home is set to sell in auction. We filed bankruptcy. Wanting to know the amount minimum amount of time we will be able to have left in our home. Do they typically show up the same or next day? Google isn't helping much. But wet need ad much time as possible to save since my husband just started back to work and we have three small children.
Would I be able to ask for a cash for keys deal with the new owner?
And the eviction would go on my record even when I filed bankruptcy? And for how long if so?
And would I have to go to court if they are going to choose the eviction process?
Laws vary by state, but the eviction process typically takes 30-90 days. Most buyers of foreclosures will be willing to do cash-4-keys. No guarantee that they will, but most do. If you don't agree to move out and they have to evict you then you will be given the opportunity to answer the complaint and appear in court to present your side (though keep in mind this is only about the eviction, not the foreclosure and most judges handling evictions won't stop the eviction over issues you had with the foreclosure, you'd need to bring a separate case against the bank for that). Finally, if the eviction goes through it will remain in the public record forever, and will stay on your credit report for 7 years.
Thank you.
We were given a notice that our house was going to be sold at an auction and we had to forclose even though we were going through the modification process. I was not told that I would have to pay Sacramento County Fees for sewer water and garbage and now my bill is up to $500 because the bank did not change the name on the deed until 6 months later! I am so furious that they can force you out of your home, you cannot live there or they will send the police but they for some reason are not liable for the water sewer garbage. Makes no sense! How can this be legal??
Seems like you'd have a good case in smalls claim court against the bank since they filed the deed late. In Sacramento you can even file online: http://www.saccourt.ca.gov/small-claims/small-claims.aspx
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