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    in foreclosure's Avatar
    in foreclosure Posts: 2, Reputation: 1
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    #1

    Jan 22, 2009, 08:53 AM
    Homeowner foreclosure eviction
    My home that I have mortgaged has been set for auction due to foreclosure. If it sells at the auction how long do I have before I am required to vacate the home? Does it require a motion from the court?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jan 22, 2009, 09:30 AM

    If 'title' to your property is taken from you due to foreclosure, you become a tenant holding over, and you are entitiled to notice. It may be 7, 10, or 30 days, depending on the law of your state of residence.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 22, 2009, 09:34 AM

    Once ownership officially changes hands, you are legally required to vacate. The new owner can usually give you a one day notice. Remember the fact that you were going to lose the property in foreclosure did not come as a surprise.

    However, from a practical matter you will have some time before you will be forced to vacate. Once the new owner gives you notice, if you do not vacate, he will then need to go to court for an eviction notice. You will have an opportunity to plead your case, and judges have been generous to displaced homeowners. So you might be able to get 30-60 days before the sheriff comes to physically remove you.
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