I live in SC. My wife purchased our home in her name only while we were married. She abandoned the home and I stayed in it without a rental or lease agreement and I have made no payments on it, nor has she. The home is now going before the master in equity for judgment to foreclose. She will not be at the hearing, so I expect a default judgment for order of sale to occur. I still live in the home as the sole occupant, but not a paying tenant. I have occupied this home continuously since August 27, 2010 even though she moved out October 1, 2011. How long will I be able to remain in the home and what process must the bank or new owners follow to evict me? How will this process play out?
Real Estate Attorney
Actual tenants may be protected in the foreclosure process under the Protecting Tenants at Foreclosure Act. This act would apply to tenants. From the facts it doesn't appear that you are a tenant. A tenant would be under a lease or implied tenancy before or after a formal lease. At some point. the LL would have to accept rent. Since none of these scenarios appears to apply, you may not be a tenant. Therefore there a few if no protections for you under foreclosure. The process of foreclosure and sale would take time and the bank would have to have some interest in the home to remove you.
Ian A. Taylor
The Taylor Law Office L.L.C. | (843) 314-4313
Pawleys Island, SC (serving Georgetown and Horry)
Estates. Probate. Adult Guardianship. Landlord-Tenant. Insurance.
The Rules of Professional Conduct for my state only allow me to provide general legal information regarding your question. I am unable to offer my services directly or specific answers to your question. The information provided is not intended to create an attorney/client relationship and shall not be construed as legal advice. Therefore, the resources or information given is provided as general information only. I caution Askers not to attempt to solve individual problems upon the basis of the information contained therein.
Estate Planning Attorney
SC Supreme Court Administrative Order 011-05-02-01 generally requires the foreclosing bank to go through stringent loss mitigation efforts and mediation prior to an order of foreclosure and possession is issue. Therefore, foreclosures must go through considerable time and effort until the foreclosure "goes through."
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