QUESTION

How long can we stay in our home before the sale or after the sale?

Asked on May 09th, 2013 on Foreclosures - California
More details to this question:
Our lender had sent us sheriff sale papers. The sheriff sale date is on 6-13-13 at 10 AM.
Report Abuse

5 ANSWERS

If you refuse to move out after the sale, the lender has to file an unlawful detainer suit to have you removed. Unlawful detainer is a summary proceeding, so it may take only 30 days or so. However, the smarter thing is to negotiate a move-out date with the lender in exchange for the lender paying your moving expenses or other sum of money. Lenders are often willing to do this in order to save the time and expense of suing to get you out of the property.
Answered on May 10th, 2013 at 9:26 AM

Report Abuse
Bankruptcy Attorney serving Schenectady, NY
2 Awards
That is the end of the line for you unless you open up a new case with proper documentation and start going after the bank if you qualify you need to consult the proper bankruptcy attorney
Answered on May 10th, 2013 at 9:24 AM

Report Abuse
William A. Siebert
You have six months to repay the amount bid by the bank at the sale, then one additional to move after that.
Answered on May 10th, 2013 at 6:17 AM

Report Abuse
Sheriffs generally don't sell houses, trustees do. You can stay until they evict you. You should have tried a short sale.
Answered on May 10th, 2013 at 6:16 AM

Report Abuse
The short answer is that you are allowed to remain in your home until you are evicted by the sheriff. The eviction, however, should not be confused with the foreclosure sale. From your question, is sounds like the foreclosure is taking place on June 13, 2013, not the eviction. The lender has to first foreclose on the property, and then it has to file an unlawful detainer lawsuit to get you out. The eviction process can take 30-60 days. In my experience, the lender will often contact you and offer you money to move out earlier. If they don't, you can always make them an offer. The lenders want to regain possession of the house as quickly as possible.
Answered on May 10th, 2013 at 4:21 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters