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-   -   How long before mortgage company can force me out of my home? (https://www.askmehelpdesk.com/showthread.php?t=227983)

  • Jun 17, 2008, 08:59 PM
    Britalian
    How long before mortgage company can force me out of my home?
    I am, as of 6-17-2008, 3 months behind in my mortgage.
    Only a miracle would get me current. What I'd like to know is, plain and simple, how much time do I have before I have to vacate my home, before the mortgage company can force me out?
    I know that they can, in all likliehood, and under law, force me out tomorrow, but what is "customary" in, for instance, California?
    Thank You
  • Jun 17, 2008, 09:04 PM
    George_1950
    Your mortgage company must foreclose; this is ordinarily 'judicial' (through the court) or 'non judicial'. Either way, you will receive a notice of sale by auction. You should be able to remain up until that time, and it will depend on how quickly the purchaser wants you out. You may be able to work out a lease with the new owner, or it may have you evicted. It could go either way.
  • Jun 17, 2008, 10:24 PM
    creditor
    Quote:

    Originally Posted by Britalian
    I am, as of 6-17-2008, 3 months behind in my mortgage.
    Only a miracle would get me current. What I'd like to know is, plain and simple, how much time do I have before I have to vacate my home, before the mortgage company can force me out?
    I know that they can, in all likliehood, and under law, force me out tomorrow, but what is "customary" in, for instance, California?
    Thank You

    Don't give up... get your original paperwork together especially the mortgage and note and start reading to get a understanding on what you agreed to. Get yourself a law dictionary and look up whatever words you don't understand particularly; note, mortgage, and deed. Knowledge is power and truth is paramount.All is not lost.
  • Jun 18, 2008, 04:44 AM
    George_1950
    Quote:

    Originally Posted by Britalian
    I am, as of 6-17-2008, 3 months behind in my mortgage.
    Only a miracle would get me current. What I'd like to know is, plain and simple, how much time do I have before I have to vacate my home, before the mortgage company can force me out?
    I know that they can, in all likliehood, and under law, force me out tomorrow, but what is "customary" in, for instance, California?
    Thank You

    Then again, if you want a miracle, the mortgagee might let you pay this in an alternative way; and there is always the old reliable, Chapter 13.
  • Jun 18, 2008, 04:56 AM
    Fr_Chuck
    Can you start making the current payments and not fall any further behind ? If you can, often they will work with you. They may start foreclsoure at any time if they want, And it can depend on just who the lender is, I have seen homes go 6 to 9 months before the lender foreclosed, I have seen others do it after 2 months.
  • Jun 18, 2008, 06:12 AM
    ScottGem
    First, no one can answer your question. There are several factors involved and each situation may be different. The first step is to place the house in foreclosure, which will setoff an approximate timetable.

    Second, with the current mortgage credit crisis, lenders are more willing to work with homeowners. Lenders are not in the real estate business so they don't want to foreclose if its avoidable. So you need to work with your lender on alternatives. Maybe a refinance that will lower your payments and include the arrears. Or maybe just adding the arrears to the end of the loan.

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