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What is the Eviction Process in Indiana After Foreclosure

Hammond, IN |

I live in Indiana and not so sure what the eviction laws are for foreclosures, especially in my case. Our home was sold at auction a few months ago and the new owners wanted us to sign a year lease starting on December 1st, 2011. We didn't know what to do, move out or sign, and our financial situation is dire. After the landlord threatened to call the cops and throw us out on the next day, I went and got the lease but haven't signed it yet. First off, can the landlord actually throw us out the next day? He called us trespassers for not signing the lease and owing rent. We're still receiving mail and the utilities are in our names. Just wanted to know if (a) doesn't he have to get a court order to evict? and (b) how long would we have to move out?. We just need some time. Thanks.

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Attorney answers 1


Since you say the home has already been sold, there must have been a judgment entered against you. That judgment would have included an order for possession of the property. To enforce that order the new owner only needs to ask the sheriff to act upon the order. You should either agree to lease the property or move out immediately.

PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you should not expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each 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.

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