How long can I stay in the property after foreclose?
Submitted by sanjorge
from CA
- 12/20/2008 - 4:02pm
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.
- Forums:
Before You Post
All comments should be relevant to the topic of the post and are subject to the terms found in our User Agreement.
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
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?
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.
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 ?
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.
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?
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.
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??
Post new comment