My sister was served a Notice of Eviction (5 days) after the property was foreclosed. What are the procedures after this as she is pregnant and due anytime now. Does she have to move right away or as it said in the notice that eviction proceedings will be initiated. How much time does she have really. Because 5 days is too short. These attorneys does not want to give them information. Please help

The owners side will not be of any help. If she does not move, ( unless this is a eviction notice from the court) they will have to file for a legal eviction with the court. Now here is my fear, she will be in hospital having a baby when they serve or perhaps have the hearing. Most likely if she appears in court they will give her another week or two to move, but they don't have to. The court could order her out within a few days of the court hearing.

She needs to be arranging a place to move ASAP

Thanks for your answer Fr Chuck, she is arranging for another property, but the notice of eviction date was Sept. 25 and needed some time for the move. So actually, as you were saying, she does not have to move within five days because they have to go to court to for the eviction proceedings. Is that right? But how many days do you think, they need?

It sounds like they gave her a 5 day notice to vacate. If she's not out at the end of the 5 days then they can file a lawsuit for eviction. Depending on how backed up the court's docket is, they could issue a trial date within anywhere from 5 days to 45 days.

If she still hasn't found a new place by the court date she should appear at the trial and ask the judge for a "hardship stay of eviction". The judge could grant her anywhere from 2 weeks to 3 months to find a new place.

If she goes into labor around the time of the court date she should have someone call the court for her and notify them that she is in the middle of having a baby and ask that the court date be adjourned.

These situations are becoming all too commonplace. As noted, what she got was a notice to vacate. Its unlikely that it was a court ordered eviction because that requires a hearing.

So she can ignore the notice and wait for them to schedule a hearing then appear at the hearing and ask for more time. The odds are strongly in her favor that more time will be granted.

But she really doesn't want a eviction proceeding on her record if it can be avoided. So what I would do is get a letter from her OB/Gyn that she shouldn't be subjected to the stress of an eviction at this time. Send a copy of that letter to the new owners or there representatives. In the cover letter, explain that she is looking for new housing, but given her condition, she needs more time. Further explain, that you have researched the situation and are convinced that a court will allow her more time, but the stress of dealing with this issue could affect her pregnancy and that they really don't want the complications that would bring. Assure them that she will be moving as sonn as she can find new housing.

Thanks for your insight and answers. It seems that this is not a court order and she has time if they have to go to court. I will tell her exactly what you have advised us to do.