How long can I remain in my house after the trustee sale date//auction? BOA is telling me I have 30 days or more--
4 attorney answers
As long as you are still residing there after the trustee’s sale, you will likely have options. The new owner of the property will likely offer a carrot (such as a cash for keys incentive) to induce you to leave voluntarily rather than a stick (the eviction process). You should have some idea of where you can move on short notice, but no need to pack your bags quite yet. Wait to hear from the new owner to decide what your next step should be.
This communication is intended to be for general informational purposes only. It does not constitute legal advice nor does it establish an attorney-client privilege. You should contact a qualified attorney in your jurisdiction to obtain specific advice about your situation.
You will receive notice prior to the locks being changed. Often these days, BAC is hiring local realtors to assist with the foreclosures. You may see a notice posted on the property after the sale indicating a person to contact. Alternatively, you may find the 5 Day Notice, which, as previously explained, starts the eviction process.
Please note that any comments made are intended as general information only and not specific legal advice. No legal representation is offered without a written and signed Fee Agreement.
In Arizona, the new owner of a foreclosed property is required to send a 5-day notice to a former owner-occupant with a demand to vacate the home if he or she seeks eviction. On the sixth day after the notice, the new owner can file a court action for eviction. The hearing on eviction is usually scheduled within a week of the case filing. If the court issues an order for eviction, the judge is likely to give you another 5 days to vacate the premises voluntarily. If you are still there five days later, the new owner will be allowed to get an order of restitution issued. After that, as soon as the order of restitution is served on you by a constable, you will have to vacate the premises the same day.
Keep in mind that the scheduled trustee sale may not go forward on August 6. Such sales get postponed quite frequently. Also keep in mind that if BofA conducts a trustee's sale and ends up the new owner of your house, it may be interested in you staying in the house rather than vacating it (they would rather see the property occupied rather than abandoned and being at risk of vandalism). Another alternative is that an investor may buy your house at the trustee's sale. In that case, they may be interested in you becoming their tenant.
After the trustee's sale, you can be evicted within 10-14 days. They are required to notice and have a hearing first. At this point, do not avoid service as that is the information that you will be needing to know when the eviction hearing will be taking place. Any of the attorneys on here can probably help you.
Mr. Greeves is licensed to practice law throughout the state of Arizona. His office is in Tempe. He is authorized to handle IRS matters throughout the United States. His phone number is 480-422-1850 or his email address is [email protected] His website is www.grattorneys.com. Please note that this answer does not constitute legal advice, and should not be relied upon. Each state has different laws, every situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.