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.
The process that the bank must follow after the foreclosure is determined by that state's foreclosure laws. This is one of the main reasons that it is recommended that homeowners look up the relevant laws, in order to determine how the foreclosure process will be conducted and how much time they have to save their home or stay in the home after the foreclosure auction. Certain states offer foreclosure victims a redemption period after the sale, which is a period of time after they have lost the home that they can continue living in the property.
Once the eviction process itself begins, though, homeowners will not just be randomly kicked out to the street. They will be sent paperwork by the bank's attorneys or the court system indicating that the lender has entered in a request for possession of the property. To gain possession the bank will show that is purchased the house at the sheriff sale and is now the legal owner of the property. They will ask the court to order the county sheriff to evict any persons or belongings that are still occupying the property.
Also, in most cases the sheriff will post a notice of eviction on the property itself, indicating the specific date that the locks will be changed and all people and property will be removed. This may be a five- or three-day notice, again depending on the specific state foreclosure laws and the county's own procedures. However, a notice being posted on the property is not always guaranteed, so it is important to check with the state or county to find out the exact procedures before the eviction happens.
Homeowners who are currently worried about being evicted at any time should take back control of the situation and find out how much actual time they have left. The best place to begin asking questions is with the county sheriffs department. They will be able to inform the foreclosure victims of any pending orders for possession of the house, or if the court has not yet ordered the eviction. If there is no scheduled eviction, homeowners should call the county courthouse to determine if there is a hearing coming up, what the process will be after the sheriff sale, and how much time they have left to find a new place to live.
Not knowing when or if an eviction is scheduled is often much worse than knowing exactly when the sheriff will be there to evict everyone. The simple fact of knowing when to be out of the property gives homeowners a better framework for planning the future of their families after foreclosure.
Many homeowners are under the mistaken belief that, once the sheriff sale of the property has been conducted, they have lost every chance to stop foreclosure. However, there are legal mechanisms in place to prevent foreclosure victims from being randomly evicted at the whims of the foreclosing bank. Homeowners should not be taken in by fear-mongering, self-proclaimed foreclosure experts who threaten them with the possibility of the sheriff showing up unannounced to throw them out of the house. Even the county sheriff is a human being and the sheriffs department will know exactly when the eviction will be conducted. They would rather avoid forcefully removing anyone from the property if the homeowners are conscientiously working towards a plan to move out of the property and have it cleaned up and empty when the sheriff does show up.
The ForeclosureFish.com website has been designed to help homeowners in foreclosure save their homes on their own, by providing relevant foreclosure information and resources. Foreclosure victims can put together comprehensive plans to prevent foreclosure without putting too much trust in third parties who may take advantage of them. Visit the site today to learn about various ways to avoid foreclosure, read hundreds of articles and blog entries, and download a free foreclosure e-book that explains the basics of the foreclosure process and how to stop it: http://www.foreclosurefish.com/ |
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