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What can I do About Eviction After Foreclosure?

Article Details
  • Written By: N. Madison
  • Edited By: Jenn Walker
  • Last Modified Date: 04 September 2019
  • Copyright Protected:
    2003-2019
    Conjecture Corporation
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After foreclosure, the new owners of the house may expect you to move out of the property. In most jurisdictions, however, there is a court process the new owners have to go through before they can evict you from your residence. If you cannot move out of the property right away, you may deal with an eviction after foreclosure by showing up for court to present the reasons you cannot vacate immediately. In some places, you may even have an opportunity to reclaim your home after the foreclosure is complete.

Once the foreclosure process on your home is complete, you will no longer be the owner of the property. In most jurisdictions, however, the new owner cannot have you forcibly removed. Instead, he must follow the legal eviction proceedings that are governed by the laws in your jurisdiction. In some places, this may mean you have additional weeks or months to move. In others, however, you can be evicted in mere days.

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While the eviction after foreclosure process differs from place to place, many jurisdictions require new homeowners to provide a notice to the occupants of their property after foreclosure. This notice typically requests that the occupants vacate the premises and provides a set period of time for doing so. If you receive one of these notices and do not vacate the property, you may have to go to a hearing at which a judge will decide whether or not — and when — the new owners can evict you. You may present your case to the judge yourself, but having a lawyer to help you may boost your chances of receiving a satisfactory decision.

The judge in an eviction after foreclosure case may give you additional time to vacate the premises. This amount of time may vary from days or weeks to months, depending on the laws in your jurisdiction and the unique details of your case. If you do not vacate the premises when ordered to by a judge, you may be forcibly evicted by a law enforcement officer. You can, however, appeal the judge's decision in an eviction after foreclosure case.

In some jurisdictions, you may attempt to reclaim your home after the foreclosure in order to avoid eviction and retain ownership of the property. To do this, you may have to pay the mortgage balance or the foreclosure sale price as well as other fees. The process for doing this and the amount of time you have to save your home depends on where you live. In some places, it is possible to save your home even after the property has been sold in a foreclosure auction.

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