The Eviction Laws can be misunderstood by many homeowners and an Eviction Process can be really intimidating for many home owners in default. I received recently, a question from a homeowner in stress:
“I have six months not paying my mortgage, and I am worried about it. My question is if the sheriff can take me out with my family anytime now?”
Answer: It will depend in your state. Some states are under a Judicial foreclosure and others under a Non-Judicial foreclosure system. You may want to understand the Foreclosure Process and the Eviction Laws of your state. Look at foreclosurelaw.org
First of all, check the following points that are very common in a FORECLOSURE PROCESS for many states, although every state use to change the names for each one:
1.- DEFAULT: This period is between the first 30 days to 90 days being late in the payment of your mortgage.
2. Notice of Default (NOD).- At 90 days late, you will receive a Notice of Default from the lender, asking for the payment or your house will be foreclosed.
3.- NOTICE OF SALE: Generally at 120 days late on your mortgage, a Notice of Sale will arrive at your home from a lawyer or a trustee telling you what day and what place will be the auction of your home. You still have the option to negotiate your situation.
4. Foreclosure (FC).- After (generally) 2 months of the NOS, the foreclosure sale will be made. Some states take more months for this. (you can stay free at the property)
5. Reinstatement.- After the FC sale, there is a period of REINSTATEMENT, where you can apply to stay more in your property with the reason to find a mortgage that qualifies you to repurchase the property. (It is in around 50% of the states)
6.- EVICTION: Following the foreclosure sale, or the end of the reinstatement period, you will be reached by the new title-holder of the property asking you to leave the property. If the property was bought back by the same lender, they may give you some money to leave the property clean and in good condition (this is called Cash for Key). If you don’t leave, after 30 or 45 days they can start an EVICTION PROCESS AT COURT. The Judge will send you an EVICTION NOTICE including the date when you must leave. If you dont leave that day, the sheriff will go to the property to take you out and change the locks. If they lock the doors with your belongings inside, you cannot take them out anymore.
As a consumer, you have rights. You can stay at your home without making payments, until you have a legal eviction.
REMEMBER THAT NOBODY CAN TAKE OUT FROM YOUR HOME JUST BECAUSE. THEY NEED AN EVICTION NOTICE FROM COURT ON HAND TO ENFORCE THE EVICTION LAW.
There are a lot of states allowing homeowners to stay into the property up 18 months without making payments to their mortgage. You need to check the laws of your state.
My best recommendation is TO LEARN HOW TO AVOID FORECLOSURE. You can do it yourself. Don?t trust on strange companies that can keep your home for them.
Remember, I am not an attorney, accountant, tax adviser or real estate guru giving legal, tax or financial advice. This blog is not a substitute for the advice of a competent attorney. Although I am a Financial Educator in the State of Arizona doing Foreclosure Consulting, Residential and Commercial Loans, Mortgage Training and Consulting, Real Estate investments, Business Coaching, Marketing and Credit Counseling since 2002, I do not claim to give you legal advice in this blog to your specific circumstances. This blog is intended to educate homeowners in default of their mortgage. Nothing enclosed in this blog should be construed to constitute advice for your personal circumstances. The information provided in this blog is provided just for personal information. Under no circumstances does the information in this content represent a legal recommendation to sell, buy or hold any property.
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