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.
Commercial Real Estate Attorney
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 constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.
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 bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.
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-client relationship and messages containing confidential or time-sensitive information should not be sent.
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.