What A Foreclosure Eviction Means
You may expect an eviction if your property is sold as a result of a foreclosure sale. No difference if the sale is by auction, or by a trustee’s sale, the eviction is the legal process by which a property owner physically removes a trespasser.
Evictions for tenants are handled by strict contract law standards and the renter as a rule has more rights than the property owner. In many states, tenants can sue their landlord for violation of contract, possibly harassment and receive many times their monthly rent if they win the law suit. Several cities make it extremely difficult to evict renters for any reason. This is not the case with foreclosure evictions because the former homeowners are not tenants. Well-meaning people as a rule tell foreclosure victims about experiences they learn about where tenant law was included. Again, this is not the case where foreclosures are involved.
Foreclosure evictions are handled slightly differently in most cities so it is essential that you contact the court issuing the eviction notice to determine what to expect. The person who serves the eviction notice, or posts it on the front door as a rule is not the same person who will enforce the eviction. The eviction will be compelled by a representative of the court, often a county policeman. Occasionally, the person delivering the notice will tell you that you “actually” have an extra 24 hours, but do not await this extra time. Plan on being completely moved out before the actual deadline.
If you are looking at being homeless, contact your local Red Cross or county housing agency for a place to stay for a while and for cash if necessary. If you have the possibility to rent a storage unit for your furniture, store it until you find a place to stay so you aren’t driving a rental truck around town searching for a place to rent. A bit of preparation is helpful in evading tons of aggravation later.
The actual eviction may be operated differently, but often an officer of the court (sheriff or policeman) accompanies the new owner or his representative, to the property and alarms anyone in the premises that the eviction will start in a few minutes. In this case, the owner’s representative is liable for removing everything they don’t desire from the premises. The people in the premises are being evicted, not the contents of the property! If the contents are junk or the owner doesn’t desire any of it, it often will be thrown into the swale or the street for sanitation to gather. If the former owners are not in the premises, the things could still be thrown out or held by the new owner. Take some steps to resolve your foreclosure early or get moved out before the actual eviction happens.
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