Ok, we received a letter today telling us the date is set for Trial on the foreclosure of our house for July 3 and it should last 15 minutes. This is a final Hearing. How long after this trial will we have until we have to move out?
Assuming that you do nothing and that a final judgment of foreclosure is issued that day, the sale date will typically be set 25-30 days later, however, this being your primary residence you may very well be able to negotiate a 60 day sale with the lender's attorney or if you attend the hearing and request the judge she may order that additional time.
It depends on what happens at the trial. At the trial, the plaintiff has to prove its case. If you have a good attorney representing you at trial, it is possible that the plaintiff will not be able to prove its case, and if that happens, the case may be dismissed or you may prevail. This is not as farfetched as it sounds, as in many cases the plaintiffs really cannot prove its case, and rely on the fact that defendants will be undefended or poorly defended,
Do yourself a favor and contact a really experienced foreclosure defense litigator right away. Unless you really don't care if you lose the house, don't be your own worst enemy and assume you will lose - there may well still be time for an experienced foreclosure defense litigator to put together a defense and to come back swinging at trial, but DON'T WAIT !!
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
Real Estate Attorney
Assuming for the purpsoes of this answer that you are to lose at the trial (or summary judgment) then the court will set a sale date. The timing of the sale sale will vary by county, but will be not less than a month out. After the sale date the court will issue the certificate of title (in about 10 days) at which time the new owner (likley the lender) will move for a writ of possession. Therefore, unless something causes this timeline to be adjusted, you likley have about 45 days from the date of the trial.
A good foreclosure defense attorney can perform a forensic audit of your mortgage and determine if your home can be saved from foreclosure. Consult with a lawyer right away.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.