Everything You Need To Know About The Eviction Process
Past week I received a question from one person worried to receive an Eviction Notice:
"I have six months not paying my mortgage, and I am worried about it. My question is if the sheriff can take me out with my family anytime now?"
My response was: Nobody can take out you from your home if they dont have an EVICTION NOTICE FROM COURT. Period. You have to know the eviction process under your state eviction laws, though. Some states are into a JUDICIAL foreclosure system and others into a NON-JUDICIAL foreclosure system. The website foreclosurelaw.org has everything you need to know about it.
First of all, check the following points that are very common in a FORECLOSURE PROCESS for many states, although every state use to change the names for each one:
1.- DEFAULT: This period is between the first 30 days to 90 days being late in the payment of your mortgage.
2.- NOTICE OF DEFAULT: At 90 days without making a mortgage payment, you will receive from your lender a notification called in many states as Notice of Default. It will say that your lender will send your home for sale if you don?t pay what you owe.
3. Notice of Sale (NOS).- At 120 days late (most states) a trustee or an attorney will send you a Notice of Sale. In this letter, they must specify when will be the date of the FC sale.
4.- FORECLOSURE SALE (FC).- Depending in your state, it can take from 2 months to 18 months for the sale of your property after the NOS. All this time you can legally stay at your home without making payments.
5. Reinstatement.- After the FC sale, there is a period of REINSTATEMENT, where you can apply to stay more in your property with the reason to find a mortgage that qualifies you to repurchase the property. (It is in around 50% of the states)
6.- EVICTION: Following the foreclosure sale, or the end of the reinstatement period, you will be reached by the new title-holder of the property asking you to leave the property. If the property was bought back by the same lender, they may give you some money to leave the property clean and in good condition (this is called Cash for Key). If you don't leave, after 30 or 45 days they can start an EVICTION PROCESS AT COURT. The Judge will send you an EVICTION NOTICE including the date when you must leave. If you dont leave that day, the sheriff will go to the property to take you out and change the locks. If they lock the doors with your belongings inside, you cannot take them out anymore.
As a consumer, you have rights. You can stay at your home without making payments, until you have a legal eviction.
NO ONE CAN LEGALLY TAKE YOU OUT OF YOUR HOUSE WITHOUT A LEGAL EVICTION NOTICE FROM COURT. EVEN A POLICEMAN OR SHERIFF MUST BRING THAT EVICTION LETTER WITH HIM TO EVICT YOU.
Generally, you can stay at least 6 months, in other states you can stay even more time protected by the state laws. Check the Eviction Process and the Eviction Laws of your state.
My suggestion is that YOU NEED TO LEARN HOW TO AVOID FORECLOSURE. You definitely can do it by yourself. Don?t be scammed by companies doing this for you.
Remember, I am not an attorney, accountant, tax adviser or real estate guru giving legal, tax or financial advice. This blog is not a substitute for the advice of a competent attorney. Although I am a Financial Educator in the State of Arizona doing Foreclosure Consulting, Residential and Commercial Loans, Mortgage Training and Consulting, Real Estate investments, Business Coaching, Marketing and Credit Counseling since 2002, I do not claim to give you legal advice in this blog to your specific circumstances. This blog is intended to educate homeowners in default of their mortgage. Nothing enclosed in this blog should be construed to constitute advice for your personal circumstances. The information provided in this blog is provided just for personal information. Under no circumstances does the information in this content represent a legal recommendation to sell, buy or hold any property.
"I have six months not paying my mortgage, and I am worried about it. My question is if the sheriff can take me out with my family anytime now?"
My response was: Nobody can take out you from your home if they dont have an EVICTION NOTICE FROM COURT. Period. You have to know the eviction process under your state eviction laws, though. Some states are into a JUDICIAL foreclosure system and others into a NON-JUDICIAL foreclosure system. The website foreclosurelaw.org has everything you need to know about it.
First of all, check the following points that are very common in a FORECLOSURE PROCESS for many states, although every state use to change the names for each one:
1.- DEFAULT: This period is between the first 30 days to 90 days being late in the payment of your mortgage.
2.- NOTICE OF DEFAULT: At 90 days without making a mortgage payment, you will receive from your lender a notification called in many states as Notice of Default. It will say that your lender will send your home for sale if you don?t pay what you owe.
3. Notice of Sale (NOS).- At 120 days late (most states) a trustee or an attorney will send you a Notice of Sale. In this letter, they must specify when will be the date of the FC sale.
4.- FORECLOSURE SALE (FC).- Depending in your state, it can take from 2 months to 18 months for the sale of your property after the NOS. All this time you can legally stay at your home without making payments.
5. Reinstatement.- After the FC sale, there is a period of REINSTATEMENT, where you can apply to stay more in your property with the reason to find a mortgage that qualifies you to repurchase the property. (It is in around 50% of the states)
6.- EVICTION: Following the foreclosure sale, or the end of the reinstatement period, you will be reached by the new title-holder of the property asking you to leave the property. If the property was bought back by the same lender, they may give you some money to leave the property clean and in good condition (this is called Cash for Key). If you don't leave, after 30 or 45 days they can start an EVICTION PROCESS AT COURT. The Judge will send you an EVICTION NOTICE including the date when you must leave. If you dont leave that day, the sheriff will go to the property to take you out and change the locks. If they lock the doors with your belongings inside, you cannot take them out anymore.
As a consumer, you have rights. You can stay at your home without making payments, until you have a legal eviction.
NO ONE CAN LEGALLY TAKE YOU OUT OF YOUR HOUSE WITHOUT A LEGAL EVICTION NOTICE FROM COURT. EVEN A POLICEMAN OR SHERIFF MUST BRING THAT EVICTION LETTER WITH HIM TO EVICT YOU.
Generally, you can stay at least 6 months, in other states you can stay even more time protected by the state laws. Check the Eviction Process and the Eviction Laws of your state.
My suggestion is that YOU NEED TO LEARN HOW TO AVOID FORECLOSURE. You definitely can do it by yourself. Don?t be scammed by companies doing this for you.
Remember, I am not an attorney, accountant, tax adviser or real estate guru giving legal, tax or financial advice. This blog is not a substitute for the advice of a competent attorney. Although I am a Financial Educator in the State of Arizona doing Foreclosure Consulting, Residential and Commercial Loans, Mortgage Training and Consulting, Real Estate investments, Business Coaching, Marketing and Credit Counseling since 2002, I do not claim to give you legal advice in this blog to your specific circumstances. This blog is intended to educate homeowners in default of their mortgage. Nothing enclosed in this blog should be construed to constitute advice for your personal circumstances. The information provided in this blog is provided just for personal information. Under no circumstances does the information in this content represent a legal recommendation to sell, buy or hold any property.
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