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maddenPro · Mar 16, 2009, 05:03 PM

In the state of Michigan, my house sold at the sheriff sale on Oct 1 2008 back to the bank, what kind of notice am I going to get and how soon do I have to get out ,

ScottGem · Mar 16, 2009, 05:22 PM

It was sold more than 5 months ago and you haven't been told to leave? Lucky you!

I suspect that what is happening is the bank is trying to sell the property and they are letting you live there to maintain it. As soon as they find a buyer you will be told to move.

Frankly, I wouldn't question it. They can't throw you out at a moments notice, you will be given a reasonable time to find new digs.

crazybird · Mar 16, 2009, 05:37 PM

Call the sherriffs office. Find out when you must leave. I do not know how the laws differ from state to state. I am not an expert. Ask if the sherriffs office will help you move. In my state they help move you for free the day that you must be out of your home. But you may want to tip these movers so they do a better job. They may or may not want to place your belongings and boxes in their proper places in your next abode. But if money is tight you won't have to pay for movers.

crazybird · Mar 16, 2009, 05:46 PM

ScottGem,
You are not an expert so why did you leave me a negative rating without having the facts? That was very low of you. For your information. I AM CORRECT. WENT THROUGH THIS AND HAVE FIRST HAND KNOWLEDGE AND EXPERIENCE REGARDING THE SHERRIFF OFFICE MOVING PEOPLE. I told the OP to check it out. The only thing I am not sure of is if they do this in his state. I am from NJ.

ScottGem · Mar 16, 2009, 05:46 PM

Originally Posted by crazybird

In my state they help move you for free the day that you must be out of your home.

Can you cite any backup for this. I find this very hard to believe. In every instance I know of the sheriff simply supervises the removal of the belongings. Sheriffs are paid by the evictor and the evictor isn't going to pay for moving.

Originally Posted by crazybird

I do not know your particular story how much in arrears you are .

Maybe if you had read what the OP wrote you might have noted that they said the house was sold to the bank on 10/1/2008. So they no longer own it.

We pride ourselves on the accuracy of the advice given here. Your response was bad advice.

Its possible the mortgage company goofed in not telling the OP to vacate. If they bring it to the mortgage company's attention they may correct that goof. That's why I advised to do nothing and wait for a vacate order.

crazybird · Mar 16, 2009, 05:48 PM

ScottGem,
Next time you don't agree and aren't sure just state that the normal way without giving people unwarranted negative ratings. Thank you.

ScottGem · Mar 16, 2009, 05:52 PM

Originally Posted by crazybird

ScottGem,
You are not an expert so why did you leave me a negative rating without having the facts? That was very low of you. For your information. I AM CORRECT. WENT THROUGH THIS AND HAVE FIRST HAND KNOWLEDGE AND EXPERIENCE REGARDING THE SHERRIFF OFFICE MOVING PEOPLE. I told the OP to check it out. The only thing I am not sure of is if they do this in his state. I am from NJ.

First, I notice that you edited your post and removed the part about trying to sell the house when the foreclosure was completed 5 months ago. Try admitting your mistake instead of trying to hide it.

Second, I don't know what fiurst hand knowledge you have, but you may not be aware of all the circumstances in that instance. Unless you can show me some regulation or law that allows or forces a sheriff in NJ to move someone they evict into new housing I will be skeptical about this.

I gave you a negative rating because I don't believe what you said about the sheriff was accurate and it was clear you didn't read the OP carefully for the second part.

As to my being an expert, I don't answer questions unless I am sure my answer is accurate. I'm not infallible, but I rarely am wrong because of that.

crazybird · Mar 16, 2009, 05:52 PM

My advice wasn't bad. I told the OP to ask the sheriff when he must leave so that he may get the moving help. The OP has a brain. If he doesn't want the help and wants to just stay there for as long as he wants he can do that instead. I did not order him to.

crazybird · Mar 16, 2009, 05:55 PM

I didn't try to hide my post. I realized after I posted that his home actually sold. So that part of my post was not pertinent. There wasn't anyone else in this room viewing my post at the time. Thought I still had time for that correction. You must have come in while I was editing it.

ScottGem · Mar 16, 2009, 05:57 PM

Originally Posted by crazybird

My advice wasn't bad. I told the OP to ask the sheriff when he must leave so that he may get the moving help. The OP has a brain. If he doesnt want the help and wants to just stay there for as long as he wants he can do that instead. I did not order him to.

Your advice was bad because a) by bringing the fact that he has never been told to vacate to either the sheriff or the mortgage lender he may hasten his eviction and b) because it makes no sense for a sheriff to help move. In fact, a sheriff only gets involved with an eviction when the occupant refuses to leave voluntarily. So it makes no sense for the sheriff to help them move. If they have refuses to vacate what makes you think they have someplace to go.

P.S. Since I wrote the rules on how to use the comments feature I think I know when a negative rating is warranted or not.

maddenPro · Mar 16, 2009, 05:58 PM

Thanks Scott, that's more along the lines of the info I was looking for... I do know that in MI the law is that you have 6 months after the sheriff sale to vacate. However, have not received any notice from them and that date would be 4/1/09. I have been advised by the local chief of police that they have to issue an eviction notice. Just do not know what that will say... 10 days, 30 days, 90 days...

crazybird · Mar 16, 2009, 06:00 PM

ScottGem,

The next time you give me a negative rating without warrant I will reciprocate with the same.

ScottGem · Mar 16, 2009, 06:02 PM

Originally Posted by maddenPro

Thanks Scott, thats more along the lines of the info I was looking for...I do know that in MI the law is that you have 6 months after the sheriff sale to vacate. However, have not received any notice from them and that date would be 4/1/09. I have been advised by the local chief of police that they have to issue an eviction notice. Just do not know what that will say...10 days, 30 days, 90 days...

That's generous of MI, but it also explains why you haven't heard anything yet. I would be very actively looking for a new place if I were you. What should happen, is you will get a vacate notice on 4/1. How long this notice will give you, I don't know for sure. If you do not vacate by that time, then they will go to court for an eviction order. You can then go to the hearing and ask for more time, if youy haven't been able to find a place. However, if MI gives you 6 months to vacate a court may be reluctant to grant you much more time.

danielnoahsmommy · Mar 16, 2009, 06:03 PM

Originally Posted by crazybird

ScottGem,

The next time you give me a negative rating without warrant I will reciprocate with the same.

It works both ways.

Please note that scott gem tends to be one of the most helpful people here. I would think twice about your tone!

ScottGem · Mar 16, 2009, 06:04 PM

Originally Posted by crazybird

ScottGem,

The next time you give me a negative rating without warrant I will reciprocate with the same.

Again, it was not without warrant. And threats are not allowed on this site. If you use the comments feature in a retaliatory fashion, firther action will be taken against you.

ScottGem · Mar 16, 2009, 06:50 PM

Comments on this post
crazybird disagrees: You are wrong!

Where? What did I say that was wrong? IN my comments I indicated exactly where you were wrong. BTW, I checked with one of our experts who is a Real Estate atty in NJ. She confirmed that sheriffs, in NJ do NOT help evictees move.

I warned you about retaliatory ratings. Unless you apologize and admit your error, I will take further action.

crazybird · Mar 16, 2009, 09:38 PM

Originally Posted by crazybird

Call the sherriffs office. Find out when you must leave. I do not know how the laws differ from state to state. I am not an expert. Ask if the sherriffs office will help you move. In my state they help move you for free the day that you must be out of your home. But you may want to tip these movers so they do a better job. They may or may not want to place your belongings and boxes in their proper places in your next abode. But if money is tight you won't have to pay for movers.

For anyone who may be interested in what I prevously stated about the free moving help...
I have only had one experience with the sherriff providing free moving in the state of NJ. This situation involved my mom. Her home was in foreclosure in Camden County. By making inquires I found that even though she was in foreclosure I could try to sell her home and therefore she would not have that bad mark by paying off her debt to the mortgage company. Perhaps even come out ahead with a few extra dollars from the sale. So after speaking to the mortgage company and getting a postponement of the sherriff’s sale through an adjournment request letter we put her house up for sale. We got a few bids on her house but not high enough to satisfy the mortgage amount. It actually had depreciated in value do to it’s location. I wasn’t aware you could get free moving help at first. I had already made arrangements to pay for a mover. A day or two before she had to vacate the Sheriff called and told me they had intended moving her. They asked what size truck I felt she would need. They moved her on her eviction day. I do not remember the whys but it could be because she was a senior citizen.

The second time I myself went into foreclosure. I did not get help in my move. There was a date set for my home's sherriff sale. I went through much more in this situation but I was able to get postponements of the sale through adjournments and made a few thousand dollars too. It was a headache but I saved my husband the bad marks of a foreclosure in his credit report. This was a VA loan so selling it also helped in that he would be able to get another home loan from the VA in the future. I sold my home and got my own mover.
I plan on calling Camden county's sherriff department and asking them about moving.

ScottGem, I may be partly right or partly wrong. I will only know after speaking to the Sherriff. If I am wrong about non seniors then I must apologize and give this forum a rest. At my age my memory is beginning to fail.

ScottGem · Mar 17, 2009, 07:44 AM

Originally Posted by crazybird

If I am wrong about non seniors then I must apologize and give this forum a rest.

See, this is what I have been saying all along. I have never said that what you experienced did not happen, but rather that there were circumstances that made this an anomaly, not the norm. Sheriffs are generally a county appointed position. So there may have been a fund setup in that county to pay for senior citizen moves in the case of an eviction. If your initial response had said something like;

Are you a senior citizen? If so you might qualify to have the Sheriff move you for free.

I would not have objected to a statement like that. I'm sure, that when you contact the Sheriff's office, you will find that any such program is limited and is certainly not the norm.

At this point, I do not want to hijack the OP's thread further. Any post other than to report what the Sheriff's office told you will be removed.

crazybird · Mar 17, 2009, 11:32 AM

After phoning the sherriff’s office of Camden County, NJ, this is what they told me.
They move anyone and everyone no matter what. Not just seniors. It is the Mortgage company who is actually paying the fees to have this done. They move the contents of your home to storage. They pay for your first month’s rental if that is where the contents of your home will go. I asked how is this paid for and they told me that the attorneys of the mortgage company take care of it. They are essentially forced into taking care of the contents because they are the owners. So you are right in the fact that the sheriff doesn’t pay but the sheriff provides the truck and moving materials and it is taken care of by the attorneys. She said she has been working at the sherriff’s office for 19 years and this is how it is done.

In my mom’s situation, the sherriff’s office were to take her home contents to storage and pay for the 1st months rent. I asked if they would move her contents to my home which was in the next town. They said that would be no problem. It doesn’t hurt to ask. They did her a favor, which was nice.
I called my current County’s Sherriff’s office and was told the same thing. They cannot just evict a person without moving their home contents. So when you get the eviction it is felt that you are not leaving on your own, a refusal to leave. Still they are not allowed to empty the home and place at curb. This county also takes your contents to storage and pays for the 1st months rent.

I do not remember asking how this was able to be done by the sheriffs office during her foreclosure so because the Sherriff was the only person I dealt with regarding this it never dawned on me to ask about why and how they did this. I did not know how it was paid for, was glad it was over and done with.

So for this I apologize. It isn’t the sheriff but the mortgage companies who are forced into moving your stuff. But regardless they must move you if it comes to this eviction.
I also apologize for speaking in the forum and for placing my initial post. I apologize for any statements that have been construed as offensive and insulting.
Warning to anyone else. Be careful of what you say in here.

I am leaving the forum. Not worth all the bother. Thank you and goodbye. No need to “BAN ME”, as you have put it. But if you must you must. I have no control over it.

ScottGem · Mar 17, 2009, 11:43 AM

Originally Posted by crazybird

After phoning the sherriff's office of Camden County, NJ, this is what they told me.
They move anyone and everyone no matter what. Not just seniors. It is the Mortgage company who is actually paying the fees to have this done. They move the contents of your home to storage. ...

See now THAT makes sense. I can see where the county would not want a person's belongings just left on the street. So they would require that the evictor pay to have the belongings moved to a storage facility and pay the first month's rent. Then, if they don't continue to pay for the facility or move the belongings someplace else, the storage facility can then dispose of the property.

But I never heard of them moving someone to new accommodations. In addition, I suspect what happened in your mother's case, is the sheriff saw a chance to pocket some extra money. He figured if he dumped the stuff at your home, he could pocket the money previously paid him for the storage facility.

Originally Posted by crazybird

Warning to anyone else. Be careful of what you say in here.

I am leaving the forum. Not worth all the bother. Thank you and goodbye. No need to “BAN ME”, as you have put it. But if you must you must. I have no control over it.

Yes, I agree, be careful what you say. Please make sure anything posted is done so within the rules of this site. Also make sure that its accurate and factual and that it applies to the OP's question.

As to your leaving, that's your own decision. No one has asked or suggested you leave. Only that you comply with the rules and principles of this site. If you don't feel you can do that, then maybe its best that you leave. If you can do that, then you are welcome to continue using this site.