What a Foreclosure Eviction Means

You can expect an eviction if your home is sold because of a foreclosure sale. If the sale is by auction or by a trustee's sale, is clearing the legal process whereby a property owner physically removes a tenant or trespasser.

Deferments for renters are handled by strict contract law standards and the tenant often has more rights than the owner. In many states can tenants sue their landlord for breach of contract, harassment and receive many times their monthly rent if they win the lawsuit. Some cities make it extremely difficult to evict tenants for any reason. This is not the case with foreclosure evictions because the former homeowners are not tenants. Well-meaning people often tell foreclosure victims about experiences they know where the tenant / landlord law was involved. Again, this is not the situation where foreclosures are involved.

Foreclosure evictions are handled slightly differently in most cities, so it is important that you contact the court issuing the suspension notice to determine what they can expect. The person who serves suspension notice, or post it on the front door usually is not the same person who will enforce the suspension. The suspension will be enforced by a representative to court, often a county sheriff or policeman. Occasionally, the person providing the notice will tell you that you "actually" have an extra 24 hours, but do not expect the extra time. Plan on being completely moved out before the actual deadline.

If you are looking at being homeless, contact your local Red Cross or county housing agency for somewhere to stay temporarily and for cash if necessary. If you have the option to rent a storage unit for your furniture, store it until you find a place to live, so you're not driving a rental truck around town looking for a place to rent. A little preparation is useful in avoiding tons of aggravation later.

The actual exposure can be handled differently, but often an officer of the court (sheriff or policeman) accompanies the new owner or his representative to the property and alerts anyone in the premises that deferment will begin in a few minutes. In this case, the owner's representative responsible for removing everything they want from the premises. The people in the premises will be evicted, not the contents of the property! If the contents are junk or owner does not want some of what it normally would be thrown into the Swale or street sanitation to pick up. If the former owners are not in the premises (at work), the contents will still be thrown out or kept by the new owner. The items were evicted some times to start a frenzy among the neighbors. Do not let this happen to you. Take steps to resolve your foreclosure soon or get moved out before the actual exposure is made.