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