I was recently served with a lis pendens which stated that I have 20 days to respond to, which I did respond to it in writing.

My Question is: Once the court grants the Foreclosure to the lender how long do I have to remain in the home?

In other words, doesent the sheriff leave a note tacked on the door with a date on it telling you what day you must be physically out of the home?

I know that the home goes up for sale in a sherriffs sale and once it sells I have to be out, but what I don't know is if I will get a notice in writing telling me on exactly what date I must vacate the premises.

So can you tell me how long after the sale do I have to stay in the home, or will they even give you a time limit? Or do they just show up with a sheriff and boot you out?:confused:

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Hi. I'm sorry I don't have a lot of time right now. I just wanted to let you know that this question has been asked and discussed MANY times in the last several weeks. If you just go back through recent posts on this forum I'm sure you can see the answers. I'll try to stop back by in a bit and answer more specificially.

Also, in case you don't see this in any of the other answers... one of the problems with this situation is that it varies so much from lender to lender. Some are very aggressive about getting you out and some really take their time.

To answer your question, yes you will be given notice of a date by which you have to vacate. If you do not vacate by then the new owner will need to go to court for an eviction order. At the hearing you will be given another date to vacate at which time the sheriff can physically remove you.

Courts are being lenient about giving people who lose their homes time to find a new place.

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Originally Posted by ScottGem

To answer your question, yes you will be given notice of a date by which you have to vacate. If you do not vacate by then the new owner will need to go to court for an eviction order. At the hearing you will be given another date to vacate at whihc time the sheriff can physically remove you.

Courts are being lenient about giving people who lose their homes time to find a new place.

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Thanks Scott, I really appreciate the answer! I live in Florida so the answer is the same right? As I know that it varies from state to state.

Yes, the specifics will vary, but my answer applies generally thruough the US.

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Originally Posted by ScottGem

Yes, the specifics will vary, but my answer applies generally thruough the US.

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Thanks so much again scott, I should be out way before that anyways but I still didnt want a swat team swooping down over the house if you know what I mean!!

I was going to do a chap 13 bankruptcy but it would be way to costly and the house isent worth it really.

I tried the hope for homeowners program which they told me I am approved for but they said they don't have any lenders right now, said that lenders are backing out.

So hope for home owners is NO HOPE at all! Its just government false advertising.

But thanks for all of your help here Its nice to talk to someone that is so knowledgeable.

Thanks again from Cj

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Originally Posted by rockinmommy

Hi. I'm sorry I don't have a lot of time right now. I just wanted to let you know that this question has been asked and discussed MANY times in the last several weeks. If you just go back through recent posts on this forum I'm sure you can see the answers. I'll try to stop back by in a bit and answer more specificially.

Also, in case you don't see this in any of the other answers......one of the problems with this situation is that it varies so much from lender to lender. Some are very aggressive about getting you out and some really take their time.

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Rockin Momma, I had read the other posts but none of them covered an acutual date or if you get notice that the home has been sold and none of them covered whether the court issues a day and time for which you must vacate the home after the sale date.

Which was my question, the other posts only explained the timeline from lis pendens on of what happens, I needed more info on the actual eviction process.

But thanks for answering me here I do need all the help I can get regarding this legal process.

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Originally Posted by vacj

Rockin Momma, I had read the other posts but none of them covered an acutual date or if you get notice that the home has been sold and none of them covered whether or not the court issues a day and time for which you must vacate the home after the sale date.

Which was my question, the other posts only explained the timeline from lis pendens on of what happens, I needed more info on the actual eviction process.

But thanks for answering me here I do need all the help I can get regarding this legal process.

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Sorry. I know my answer sucked - I was just "swooping" by and wanted to keep you bumped up. There were a lot of questions that were kind of falling down behind other questions.

Scott is correct - technically. Just be aware that there are all kinds of crazy things happening with all the foreclosures going on. I have investor friends who have purchased properties from the banks that have had the homeowners staying in them for months after they were supposed to be out. (I supposed because the lender didn't want to pony up the extra hundred bucks or so to actually file for the writ of possession and have the sherriff perform the removal.) And I now have 2 tenants who were foreclosed on who were supposed to have up to a certain date to "be out". Lo and behold they came home one day (one had just been at work - one was actually away for a couple of days) to find their house literally packed up, emptied out, cleaned, "winterized" - the whole 9 yards. One got their stuff back - the other... nothing. It's definitely NOT supposed to happen like that - but there's all kinds of crazy stuff going on. So just be on guard for anything that doesn't seem "right".

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Originally Posted by rockinmommy

Sorry. I know my answer sucked - I was just "swooping" by and wanted to keep you bumped up. There were a lot of questions that were kind of falling down behind other questions.

Scott is correct - technically. Just be aware that there are all kinds of crazy things happening with all the foreclosures going on. I have investor friends who have purchased properties from the banks that have had the homeowners staying in them for months after they were supposed to be out. (I supposed because the lender didn't want to pony up the extra hundred bucks or so to actually file for the writ of posession and have the sherriff perform the removal.) And I now have 2 tenants who were foreclosed on who were supposed to have up to a certain date to "be out". Lo and behold they came home one day (one had just been at work - one was actually away for a couple of days) to find their house literally packed up, emptied out, cleaned, "winterized" - the whole 9 yards. One got their stuff back - the other...........nothing. It's definitely NOT supposed to happen like that - but there's all kinds of crazy stuff going on. So just be on guard for anything that doesn't seem "right".

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Thanks again Rockin Momma, as I do appreciate the answer, um I have decided to be out by this coming march which is in about 4 months which should be in plenty of time as my lawyer advised me that once you answer the court within the 20 day time period in writing it pushes back the whole process, he also advised me that if I do nothing at all I would have a year in the house easy because the courts are so congested right now.

Of course we are talking Pinellas County Florida courts it may be different where you are.

I am actually moving to a much cheaper state so I am looking forward to the move and am not in gloom and doom about loosing this delapadated house.

The mortgage company can have it! However they easily couldve worked something out with me and they would have gotten alot more money if they had done so.

Because by the time they put tons of money into this place to fix it up they would have lost plenty. But from everyone I have talked to mortgage companies just dont want to work with homeowners which will be their downfall in the long run.

After a while if this keeps going on the way it is there will be rows and rows of empty neigbhorhoods or ghost towns.

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Originally Posted by vacj

But from everyone I have talked to mortgage companies just dont want to work with homeowners which will be their downfall in the long run..

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I really disagree with this. We are seeing more and more programs offered by lenders to try and keep homeowners from losing their homes. Mortgage lenders are in the business of lending money, not selling real estate. Every mortgage lender I've talked to does not want to foreclose, because they usually lose when they do.

I don't know what happened in your case. But lets look at what you are saying. You are talking about living in the house for another 4-6 months. You are saying that some people are not being thrown out for a year due to court congestion. Are you paying rent for that year? Are you paying anything on the mortgage? What lender in their right mind would want to foreclose knowing that the owner would probably wind up living rent free for several months to a year?

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Originally Posted by ScottGem

I really disagree with this. We are seeing more and more programs offered by lenders to try and keep homeowners from losing their homes. Mortgage lenders are in the business of lending money, not selling real estate. Every mortgage lender I've talked to does not want to foreclose, because they usually lose when they do.

I don't know what happened in your case. But lets look at what you are saying. You are talking about living in the house for another 4-6 months. You are saying that some people are not being thrown out for a year due to court congestion. Are you paying rent for that year? Are you paying anything on the mortgage? What lender in their right mind would want to foreclose knowing that the owner would probably wind up living rent free for several months to a year?

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Hello Scott,

If lenders were working with the borrowers then we wouldnt have all of these foreclosures going on nationwide right now, trust me, lenders are NOT working with borrowers, I know several people that are in the same postion as I am and tryed to work with their mortgage companies and the mortgage companies would not work with them.

My case is not a rariety , proof alone is the fact that we have nationwide foreclosures going on rigtht now with no end in sight.

Everyone I have talked to that is in foreclosure tryed first to work with their lenders and too many said the same thing happaned to them that happened to me.

Lenders will loose tons of money because they keep foreclosing, I dont understand this any more then you do, I totally see your point is what I mean, but the facts are that their are just too many forecosures going on for lenders to be offering any help to anyone.

I mean honestly most people WANT to stay in their homes even you must agree with that, therefore they would be most willing to work with or atleast TRY to work something out with their lenders..

In my case my lender said they would send me in writing a loan modification so stupid me trusting them thinking they really dont want my house, I waited, then waited somemore, then I called them back to see what the hold up was they assured me everything was fine and that it was on the way.

Shortly thereafter I received a lis pendens from the court.
I never did get anything else in the mail from the mortgage company. I contacted them again but was continually put on hold and then when finally someone did come on the line they said that I didnt qualify for a loan modification, yet I was told that I did qualify the other time I had spoken with them.

Again I have to disagree. The reason we have so many foreclosures is because homeowners bought more then they could afford. Pasrtially because lenders made money available to them. The rationale by lenders was that property values would go up giving people equity. But when the real estate market when bust these loans become no longer viable.

Again, you ask any lender and they will tell you that they are not in the real estate business. It costs them more to foreclose and they would rather not do it. But they will protect their interests.

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Originally Posted by ScottGem

Again I have to disagree. the reason we have so many foreclosures is because homeowners bought more then they could afford. pasrtially because lenders made money available to them. The rationale by lenders was that property values would go up giving people equity. But when the real estate market when bust these loans become no longer viable.

Again, you ask any lender and they will tell you that they are not in the real estate business. it costs them more to foreclose and they would rather not do it. But they will protect their interests.

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Scott, Wouldnt the lenders protect their interests better if they worked with their borrowers? There are a million ways they could do loan modifications for them.

They could set arrearages to the back of the loan, they could lower their monthly mortgage payments and set the difference to the back of the loan, they could also extend the loan to say a 40 year which would make up for any costs except they would just have to wait for their money longer but atleast they wouldnt loose millions of dollars by foreclosing.

Like I said there are a million ways they could approach, rather then foreclosing.

Foreclosures are generally a last resort. The problem is that most people are embarrassed that they can't pay so they try to avoid the lender. This doesn't give the lender confidence they can work something out.

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Originally Posted by ScottGem

Foreclosures are generally a last resort. The problem is that most people are embarrased that they can't pay so they try to avoid the lender. This doesn't give the lender confidence they can work something out.

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Well Scott we can just agree to disagree! No harm in that!