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View Full Version : How long to move after foreclosure in MO


farmgirlmo
Dec 20, 2007, 02:01 PM
I searched the boards and found one thread stating that after a home is foreclosed, the new owners have to serve you with eviction notice and then you can appeal to delay it and on and on.

I was thinking that you only had 3 days to move once a foreclosure happens, does anyone know?

Like, if a home has been foreclosed on and the owner is the one occupying the home, and it is sold on court house steps on January 3rd, 2008, should the owner plan on being out before this time, within a few days of this date, a week, a month, etc?

excon
Dec 20, 2007, 03:34 PM
Hello farm:

I'd leave on the date I no longer owned the house. After that, I'd be a trespasser and could be put out immediately. They may NOT put me out immediately, but I wouldn't want to take that chance.

excon

Fr_Chuck
Dec 20, 2007, 06:07 PM
First the person is no longer the owner, since the mortgage company has already actually taken ownership at the foreclosure, and I am surprised they did not give you a notice to move.

If you are still living there, remember if you cause any damage after the date of sale, you can be held liable and your home insurance is no longer in effect since it is not your home any longer.

Also remember that only in some areas and in some courts people ever get to appeal, in most areaa you will be out in 3 days when the new owner files to evict you as a trespasser, since you have no legal standing after the house is foreclosed and you were suppose to move out at the notice of the foreclosure, and ordered at if you had actually attended the foreclosure hearing.

So expect to be put out in 3 days to 1 week.

farmgirlmo
Dec 20, 2007, 07:08 PM
First the person is no longer the owner, since the mortage company has already actually taken ownership at the foreclosure, and I am surprised they did not give you a notice to move.

If you are still living there, remember if you cause any damage after the date of sale, you can be held liable and your home insurance is no longer in effect since it is not your home any longer.

Also remember that only in some areas and in some courts people ever get to appeal, in most areaa you will be out in 3 days when the new owner files to evict you as a trespasser, since you have no legal standing after the house is foreclosed and you were suppose to move out at the notice of the foreclosure, and ordered at if you had actually attended the foreclosure hearing.

So expect to be put out in 3 days to 1 week.

The way I understand it, it is still her home until it sells on the 3rd.

She is still living there and is in the process of getting her things out. With her work schedule(working out of town) and her only son's work schedule and him living 160 miles from her, it's been hard for her getting everything out. For the most part, all of her things are moved out, the furniture and appliances is all that remains.

From now until after the first her son will be working 12 hr days, everyday. So, was wondering if she'd lose all her things if he comes over on his first day off, the 4th, to move the big things.

As for the hearing, I don't know anything about a hearing and she hasn't ever mentioned it. So, I do not know if she attended or not.

When reading about the foreclosure process in Missouri, I did not see anything about a hearing unless it was a judicial foreclosure. But from what I know, it sounds like it is a non-judicial foreclosure.

But thanks.

farmgirlmo
Dec 20, 2007, 08:00 PM
I was just searching through Missouri Statutes and see that there is a "right of redemption" in a non-judicial foreclosure.

There is certain requirements in order to redeem. From what I understand a person only has this right if the lender buys the property the day of the sale. Then a bond must be posted within 20 days after the sale.

It seems that you have 1 year to redeem and get your property back.

Has anyone had experience with this or know anything about it?

If you send your notice to redeem (within 10days before or day of sale) and then post the bond within 20 days after the sale, whenever you redeem within the 1 year, do you pay the total mortgage that was foreclosed on? The lender's buying price? Do you go back to your regular payments with the lender?

For the most part, I think I understand how the bond is calculated. Confused by some of the wording, but you would be provided with the total amount of bond needed, correct?

I was just curious. I don't even know if this is something she could or would be interest in doing. Just trying to understand it a little bit better before telling her about it.

Would you need a lawyer to send the "intent to redeem notice"?

I do appreciate anyone's suggestions.