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How long do I have to move out after my sale date?

Rancho Santa Margarita, CA |

I have been denied any modification on my home loan. I am currently 9 months past due and the sale date has been on hold until I got an answer on my modification-I dont remember the sale date because I have been in modification for 5 months-I lose my job in May

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Attorney answers 2


I'm not sure your situation is a lost-cause because there are many options still available to you. First, check with your lender and find out, for certain, if there is a pending sale date. Many lenders temporarily put a hold on a foreclosure sale date while a loan-modification is in pending status. Also, by law, you now have the right to not only know if you were declined, but WHY you were declined. Sometimes, it's a simple matter of they are missing some important paperwork, e.g., current pay stubs, bank statements, etc.

And, even if you are declined for a loan modification, you have the right to re-apply. I recommend you fight before going down with your ship. Also, you can procure the assistance of free HUD-approved counsel and/or a consumer attorney who specializes in these types of situations. Their links are listed below. Good luck!


Also, I forgot to mention: you don't have to move out voluntarily, e.g., date of trustee's sale. Usually what happens is that you become a tenant (as you are no longer the owner of the residence). The new owner then has to file an Unlawful Detainer Complainst against you to get you out. This usually takes about 6-8 weeks or more depending how quickly the new owner moves. It's also not uncommon for the new owner/lender to give you cash for keys--a few bucks to help you move out! So, don't worry; you won't turn into a "pumpkin" at the stroke of midnight. Good luck!

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