How long do I have before I am forced to move after foreclosure/auction sale, in Missouri?

Asked 5 months ago - Neosho, MO

Flag

Sale date appears to be on the 17th of December 2012, as we have not received a letter stating the bank/bank's lawyers are postponing it.

What is the procedure the new owner must take after the sale to evict us?
Is there any method/procedure we can use to stay longer after the sale? Does talking to the new owner after the sale usually help, or make things worse? We would like extra time to allow us to save some money to rent a place, if at all possible.

Attorney answers (4)

  1. Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered December 15, 2012 10:39. About 30 days at the outside. If you do not move voluntarily the new owner must file suit and have you served with summons the court date will be about 2 weeks from then. After that they will have about 2 weeks to ask the sheriff to move you out

    This comment does not create an attorney-client relationship. The law and its application by the courts is... more
  2. Contributor Level 14

    1

    Lawyer agrees

    Answered December 17, 2012 20:07. If the foreclosure notice was received, it will set forth your dates. I agree with Leonard that it's likely no more than 30 days.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more
  3. Contributor Level 10

    1

    Lawyer agrees

    Answered December 18, 2012 17:15. We have kept people in their houses for almost two years after a foreclosure in Missouri. These people obviously do not handle foreclosure defense cases. The foreclosure is done, then a period must be observed before they can even start the legal process.

    An unlawful detainer action is filed, and you then have time to answer. You can request a jury trial if done timely. If they do not give you a jury trial, then you get a trial de novo and can do the entire process again.

    This needs to be done in conjunction with determining whether there are other causes of action to pursue, but it is ill-informed to say that you have no more than thirty days.

  4. Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered December 15, 2012 13:07. You also want to be careful about the consequences of the eviction process. Depending on the circumstances you may be responsible for attorney fees. It is best to work with the new owner and voluntarily vacate the property.

    My best to you.

    This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,797 answers this week

2,568 professionals answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,797 answers this week

2,568 professionals answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary