WHAT IS THE TIME FRAME THAT A HOMW OWNER IS GIVEN TO EVACUATATE THE HOME WHEN THE FORCLOSURE BECOMES FINAL
what can the homeowner file after a writ of possesio has been executed?
This depends on what you mean by "final". The foreclosure process has a number of stages: first you are served with a summons and complaint. If you don't respond, normall a default is taken. Then, the Plaintiff moves for Summary Judgment, and a hearing is scheduled on Summary Judgment. At the hearing, if the judge grants Summary Judgment, techically the foreclosure case is final, other than the sale occurring. As part of the Order granting Summary Judgment, the court normally sets a foreclosure sale date. Unless the lender cancels the sale, it occurs on the sale date. Ten days after the sale, normally the court issues a Certificate of Title, which vests ownership of the property in whoever bought it at the sale (unless objections to the sale are filed first). Once the Certificate of Title is issued, the new owner can begin the eviction process. Depending on the time of year, it normally take about two weeks to get an Order of Possession. Once they get that, they can send the Sheriff's Office out any time to physically evict the occupants.
The owner of a property in foreclosure normally receives a copy of the Order of Summary Judgment, which sets the sale date.
The National Association of Consumer Advocates maintains a geographical listing of consumer law attorneys throughout the US. This can be found on its website, www.naca.net
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This is an easy question to answer. The correct answer is "It Depends." Also, I am assuming that you mean once title has transferred of the name of borrower when you say "foreclosure becomes final"
I just finished meeting with one of my law partners regarding a condo association that we represent. The mortgagee foreclosed and got title on two units about 6 months ago, and still has not sought a writ of possession to evict the mortgagors. The former unit owners are living for free. No mortgage payment, no rent payment and no association payment.
I have noticed that it is taking longer and longer for banks to go get a writ of possession to evict the homeowners. Additionally, from the time that they go to get the writ, here in Dade, it has been taking at least 5 days for the Sherriff to post the writ on the door, and at least another 5 days to come back and execute on writ. Although, the notice posted on the door says that the occupants have 24 to vacate.
If the property is bought by someone other than the lender, the process will amost always move sugically smooth and swiftly. I know this because I have seen it happen (not to people I represent), and I also represent foreclosure investors who buy foreclosed properties. On the 11th day after the sale, I at the foreclosure Clerk's office getting a certified copy of the title. Then I walk across the street to get my writ signed by the clerk. Then I walk it back to the same building where I started, but to the Sherrif's office on the 8th floor to drop of f the writ. In five days they post, and five days after that the former owners are out of there. Unless however, the former owners contact me and work out a deal where they pay my client rent (or unless they file bankruptcy and I have to get permission from the bankruptcy judge to proceed with the eviction.)
So it can be as swift as too weeks or perhaps as long as six months and counting. It will primarily depend on the motivation of the new property owner.
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Real Estate Attorney
The foreclosue is final when the property is sold "on the courthouse steps" to the highest bidder. The sale usually takes place between 28-35 days after the entry of the final judgment of foreclosure. Many judges will give you 60 to 90 days if you attend the hearing. Once the sale takes place the Certificate of Title is issued 10 days later after which the new owner (usually the bank) can seek a Writ of Possession to have you removed.
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