QUESTION

How long do I have to live in my house after I am served eviction papers?

Asked on Aug 31st, 2011 on Bankruptcy - Georgia
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I was just wanting to know when your bankruptcy is discharged and how long will it take before my mortgage company has the police come and serve me the eviction papers? Also, how long after they serve me do I have in hours to get out? Is it 30 days or 72 hours. I have heard both answers.
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8 ANSWERS

Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Read your eviction judgment.
Answered on Jul 09th, 2013 at 1:31 AM

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Debtor's Rights Attorney serving Atlanta, GA at Theodore N. Stapleton, P.C.
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It depends could be a day or a couple of months.
Answered on Jun 09th, 2013 at 7:35 PM

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If your mortgage company has already had a trustee sale on your house and now owns it, it can serve you eviction papers as soon as the stay is lifted. You don't have to leave until there is a judgment of eviction, so getting served doesn't mean that you have to leave. The evictions papers will set a date for the first appearance, usually scheduled about a week after the eviction is filed. You should absolutely go to the first appearance. You should be able to make a deal with the bank's eviction attorney about when you will actually leave. They want to make this deal with you because, even if they get the eviction judgment, they can't change locks and remove your property without the sheriff and they have to pay money to do this. You can also contact your mortgage company and see if they will do a "cash for keys" arrangement, where you agree to leave without them having to start the eviction process. The going rate for cash for keys is supposed to be about $3,000.
Answered on Sep 01st, 2011 at 8:21 PM

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You are served a 3-day notice to quit as a prequel to filing an unlawful detainer (eviction) lawsuit. Once served, you have 5 days to file an answer. If you file an answer trial will be set in 2-3 weeks. If you are served a 3-day notice you should contact the owner and make arrangements to stay until you are able to move. There isn't much time to stay once the procedures have been put into action.
Answered on Sep 01st, 2011 at 7:30 PM

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Daniel James Wilson
I am assuming that you are in default on your mortgage and are in a Ch 7 bankruptcy. The lender will do one of two things. The lender may ask the court for Relief From Automatic Stay. This means the lender is asking the court's permission to foreclose. Or the lender may just wait until your case is closed to start foreclosure. Whenever foreclosure begins, you have title to the property until the foreclosure sale. At that point the house no longer belongs to you. If you stay you are a trespasser. The new owner can bring an Action in Forceable Detainer (eviction.) This is an expedited procedure which takes a couple of weeks at most. The court will issue an order to the Sheriff to evict you. Evictions are generally done by the county sheriff, not police officers. When the Sheriff shows up if you are still there they will start putting your stuff on the street. Many lenders are offering cash payment in exchange for you moving without an eviction. Payment ranges from $1000-$3000. I suspect the banks do not want any more publicity for evicting families after foreclosure. Contact your lender.
Answered on Sep 01st, 2011 at 10:45 AM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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It is a 3 day notice to pay rent or quit (leave). If you don't do either, then they can file for eviction. Once the evitction is granted, they will take the order to the sheriff and have you removed.
Answered on Sep 01st, 2011 at 5:34 AM

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Bankruptcy Attorney serving Herndon, VA at Maureen O'Malley
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The buyer will let you know of the purchase. In VA you certainly have more than 72 hours, and maybe more than a month.
Answered on Aug 31st, 2011 at 8:18 PM

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Glen Edward Ashman
You should be asking your lawyer who knows. The discharge has nothing to do with when you must move. Whether there was a motion to lift stay and a foreclosure dictates the answer.
Answered on Aug 31st, 2011 at 8:08 PM

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