Eviction After Foreclosure

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You can expect an eviction if your home is sold because of a foreclosure sale. Whether the sale is by auction, or by a trustee's or sheriff's sale, the actual eviction is the legal process by which a property owner has a tenant or trespasser physically removed. When your home is sold at a foreclosure sale, you become a trespasser as soon as the court ordered "Notice to Evict" is issued by the court. In some states, the lender's attorney can request the eviction notice to become part of the final judgment and automatically be in effect when the property is sold at the auction.

However, if the landlord has already obtained a judgment for possession against the debtor before the bankruptcy filing, the automatic stay does not stay the eviction unless the debtor completes the section on Page 2 of the Voluntary Petition entitled "Certification by a Debtor Who Resides as a Tenant of Residential Property", makes the required certifications in that section, and deposits with the bankruptcy court any rent that would become due within 30 days after the bankruptcy filing date. Thereafter, the debtor must also cure the entire rent default that gave rise to the judgment for possession within 30 days.

You may be reading this article and from the onset you think it is already too late for you to do anything about your situation because you have been taken to court by your lender and a judge has declared repossession on the house that you used to call yours. It may even have gone stop eviction california as far as receiving an eviction order after which you will receive communication from bailiffs who will come to evict you if you will not have moved by the given date. Is there anything you can do to forestall that traumatising process even when it may appear to be too late?

The Summons and Complaint are often served without having been filed in the court, so it does not necessarily mean that you have an eviction on your record when you receive them. This is an excellent point in the process to try to settle the eviction with your landlord before they file the lawsuit with the court. Once the lawsuit is filed at the courthouse that is when a permanent record is created. An eviction record—regardless of whether you win or lose—can cause you to be denied housing later on by a tenant screening company.

There was once a time when you would not see people stopping their foreclosure, especially with a simple chat. As of late, an increasing number of people have been able to stop their home foreclosure and save their home. If you are in the situation where your home is being or may be foreclosed on, there are other courses of action you can take aside from talking with your lender. Many people have taken to hiring foreclosure negotiators to help them with the process. These negotiators will know the best course of action for handling a particular home foreclosure.

There seems to be a lack of understanding among homeowners of what happens once the foreclosure process is over and the eviction process has begun. Most homeowners mistakenly believe that the sheriff may show up to evict them within hours or days after the sheriff sale. However, this is simply untrue, as the eviction process can take even longer than the foreclosure process itself, depending on state law. If a family is unable to stop foreclosure to save their home, there may be legal protections in place to give foreclosure victims a chance to begin repairing the damage caused by foreclosure.