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How long after voluntarily signing my home back over to my mortgage company do i have to vacate?

Beaufort, SC |

I am voluntarily signing my home back over to the mortgage company and they only gave me two weeks to vacate. Is this legal? How long should I have, legally, to vacate the home?

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Attorney answers 2


If you did a deed in lieu of foreclosure, then the lender now owns the home and can evict you. Normally you would negotiate the time frame of your move-out prior to signing the deed in lieu so that you ahve no surprises once you no longer own the property. As the former homeowner, you are entitled only to a 3 day notice to vacate before they can start eviction proceedings. You should probably contact the lender to see if they'll rent back to you for extra time if you need it, but they are not legally required to give it to you.


If you haven't already signed the papers, go see a lawyer who is knowledgeable in foreclosure before you take further steps.

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