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How does the eviction process work after a home has been sold at foreclosure auction.

Fort Myers, FL |

How does the eviction process work after a home has been sold at foreclosure auction. We are still living in the home that was scheduled to sell last Thursday at Foreclosure auction. How long do we have before we get kicked out of our home. We are the former owners (not renters). We have 2 small kids and do not want to move until we get kicked out to save some money. Please explain the whole eviction process if the house sold to someone or if the bank ended up with the house. Thank you

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Attorney answers 1

Posted

Once the sale actually occurs, it is confirmed 10 days later. Once title passes to the new owner, they send the sheriff to evict you with a writ of possession. You may get as little as 24 hours. Check with the clerk to see if the sale actually occurred in your case, and if it did, better start looking for a place to go quickly, because you could get very little notice.

Asker

Posted

That is not true, they CANNOT throw you out of your home in 10 days , they have to give you at least 30 days to file the paper work. Lawyers just want your money they are worse then the Devil himself, hearless ruthless sons a ??

Asker

Posted

Margery Ellen Golant, is full of crap!! and she and all the other lawyers know it.!!!!

Margery Ellen Golant

Margery Ellen Golant

Posted

Looks like you know only the wrong lawyers. Sorry about that.

Asker

Posted

Eviction is a judicial process. First comes a "notice" of being no longer the owners. If the previous owners do not leave, then the new owner must begin an eviction lawsuit, etc, etc. There IS A PROCESS. Ms Golant, unfortunately, bypassed nearly all of it. I wonder why?

Margery Ellen Golant

Margery Ellen Golant

Posted

While I thank you for your legal advice, and while I agree that TENANT eviction is a judicial process, dispossession of the former homeowner / foreclosure defendant is not a judicial process. The judicial process was the foreclosure. If it is over, the new owner is entitled to a Writ of Possession, and all inhabitant are put out summarily by the Sheriff unless they are covered by the Protecting Tenants at Foreclosure Act. However, if you have some authority to post that is inconsistent with that, I welcome you to do so.

Asker

Posted

http://www.foreclosurefish.com/blog/index.php?id=709 First, the original owners of the house will be given notice that they are no longer the owners and a deadline by which to move out or eviction proceedings will be initiated. If the borrowers do not leave, the new owners will go to court and file an eviction lawsuit (also known as an unlawful detainer or forcible entry and detainer action). The former owners of the house will need to be served with this paperwork, just as with any other type of lawsuit. Next, the foreclosure victims will be given a certain length of time to respond to the complaint and summons by filing an answer with the courts. This involves filing a written response to the complaint in the eviction lawsuit stating the reasons why the new owners should not be given possession of the property. These reasons may involve failure to provide adequate notice, deficiencies in the foreclosure auction itself, or any other reason that is applicable. The former owners may also file a response simply asking for more time in which to move out of the house. The third step will be a hearing before a judge in the case. The new owners and former owners will each be able to explain their side of the story and the judge will make a ruling. Typically, judgment for eviction will be given to the new owners, but it is also easy enough for the courts to grant the foreclosure victims a little extra time to move out of the home. But once the judge issues an eviction order, it can be given to the county sheriff to execute. This is the last step in the process when the eviction order is given to the sheriff and an eviction crew arrives to remove the borrowers. Usually, a few days notice will be posted on the property before the eviction is conducted, and former owners can call their local county to find out exactly when they may be removed from the home if they have not received any notice. But there will be no negotiating with the sheriff to forestall the eviction -- they are just following orders from the court and will not postpone carrying out those orders.

Asker

Posted

"While I thank you for your legal advice," I haven't given any legal advice, but rather an opinion that there is more process than you stated. Or, at least, the source I provided, suggests so. Your answer just seemed to need a bit more flesh.

Margery Ellen Golant

Margery Ellen Golant

Posted

Your source is incorrect. My answer is correct. Please do not hesitate to check with the Sheriff of whatever county you live in with respect to the process for dispossessing a foreclosed upon homeowner.

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