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Foreclosure Eviction

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What A Foreclosure Eviction Means
You can expect an eviction if your home is sold because of a foreclosure sale. Whether the sale is by auction, or by a trustee's sale, the eviction is the legal process by which a property owner physically removes a tenant or trespasser.

Evictions for renters are handled by strict contract law standards and the tenant often has more rights than the landlord. In many states, tenants can sue their landlord for breach of contract, possibly harassment and receive many times their monthly rent if they win the law suit. 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 about where 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 eviction notice to determine what to expect. The person who serves the eviction notice, or posts it on the front door usually is not the same person who will enforce the eviction. The eviction will be enforced by a representative of the court, often a county sheriff or policeman. Occasionally, the person giving the notice will tell you that you "actually" have an extra 24 hours, BUT DON'T expect this 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 a place to stay temporarily and for cash if necessary. If you have the ability to rent a storage unit for your furniture, store it until you find a place to stay so you aren't 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 eviction may 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 the eviction will start in a few minutes. In this case, the owner's representative is responsible for removing everything they don't want from the premises. The people in the premises are being evicted, not the contents of the property! If the contents are junk or the owner doesn't want any of it, it usually will be thrown into the swale or the street for sanitation to pick up. If the former owners are not in the premises (at work), the contents could still be thrown out or kept by the new owner. The items put in the street sometimes start a feeding frenzy among the neighbors. Don't let this happen to you. Take action to resolve your foreclosure early or get moved out before the actual eviction occurs.

About Author:

Dave Dinkel is the author of "32 Ways to Quickly Stop Foreclosure" and has been helping foreclosure victims for nearly 33 years. If you are facing foreclosure, visit http://www.StopMyForeclosureMess.com. The author also teaches homeowners how to get the most money for their home - visit www.FSBOautopilot.com for more information.




 

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The Myth Of Bankruptcy And Foreclosure
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Why You Must Act Immediately To Stop Foreclosure
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By Tom Harvey The Salt Lake Tribune Published Feb 10, 2012 12:18PM MDT A federal judge has ruled that Texas laws and not those of Utah govern foreclosures by a unit of Bank of America. In doing so, U.S. District Judge Ted Stewart has dismissed a proposed class action lawsuit against the bank and its foreclosure arm, ReconTrust, as well as an attorney who performs the foreclosures In Utah for the bank. The lawsuit was based on a Utah law that says only Utah attorneys and title companies with offices in the state can act as a trustee and foreclosure on property. But ... ...
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Attorney general's pressure on banks paying off - SFGate: Op-Ed
Attorney general's pressure on banks paying off
Mortgage settlement is too little, too late for many - Chicago Tribune: Nation
Mortgage settlement is too little, too late for many
Mortgage settlement is too little, too late for many - LA Times: Business
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Utah oil-gas firm may lose leases over unpaid debt - Salt Lake Tribune
By paul beebe The Salt Lake Tribune Published Feb 9, 2012 03:39PM MDT A British company has started foreclosure proceedings against the assets of Richfield Oil and Gas Co. for failing to repay a loan that was overdue by one day. Nostra Terra Oil and Gas CEO Matt Lofgren on Thursday refused to explain why his company moved so soon against Salt Lake City-based Richfield, saying only that ?not much? was disclosed by Nostra Terra about the foreclosure it initiated Feb. 1. Douglas Hewitt, Richfield?s CEO, said his oil and gas exploration company does not understand why... ...
Birthplace Of 'Robo-Signing' Eyes Deal Critically - NPR News
On Thursday, the federal government reached a $26 billion deal with the nation's largest banks to compensate homeowners. In Florida, where a lawyer uncovered and named the rushed mortgage-approval process, some lawyers and homeowners say technical issues and trust battles remain for courts and the banks.
Utah to get $25M from foreclosure-abuse deal - Salt Lake Tribune
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Soup kitchen planned for RI Statehouse
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Deal to settle foreclosure abuses moves closer - Salt Lake Tribune
The Associated Press Published Feb 7, 2012 05:15PM MDT Washington ? Arizona, Michigan and Florida, three of the states hit hardest by the housing crisis, will join a nationwide settlement over foreclosure abuses, officials with direct knowledge say. They will join more than 40 other states in approving a deal that would benefit many Americans who lost their homes or can?t afford their mortgages. The three states? involvement buoys hopes that a full 50-state deal is imminent. Formal announcements from Arizona and Florida could come within a week, ac... ...
Volunteers/Donations Needed 2/7 - Denver Post: News: Local
Volunteers/Donations Needed 2/7
Advocates to hold RI Statehouse soup kitchen - Boston Globe: Rhode Island
Advocates to hold RI Statehouse soup kitchen
Big foreclosure servicer indicted for 'robo-signing' - MSNBC
In one of the first criminal prosecutions in the post-housing bust era, DocX has been indicted on forgery charges by a Missouri grand jury, The New York Times reports.<br clear="both" style="clear: both;"/> <br clear="both" style="clear: both;"/> <a style='font-size: 10px; color: maroon;' href='http://www.pheedcontent.com/hostedMorselClick.php?hfmm=v3:082bc25f91a39bbb26970b482d5c3297:%2FBiOiN3q67KQNwgEFcj2sMiLkEgzYZeQfr6rbs%2FKPj1usPnMCtO3eSf8dypAgugODH%2BekTRRdptlrg%3D%3D'><img border='0' title='Email this Article' alt='Email this Article' src='http://images.pheedo.com/images/mm/emailthis.png'/></a> <a style='font-size: 10px; color: maroon;' href='http://www.pheedcontent.com/hostedMorselClick.php?hfmm=v3:c05dbaed9c979b30ffa58245086bcf68:GKiOACC2yBmvg7x093vff26F3wSjnm0iFkskK7Jfm054a7QxZznxoDFSQefHTXaHvwyKqEuKUFyQE7w%3D'><img border='0' title='Add to Newsvine' alt='Add to Newsvine' src='http://images.pheedo.com/images/mm/newsvine.png'/></a> <br clear="both" style="clear: both;"/>
Barack Obama: Solving the housing crisis - Salt Lake Tribune
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Key states move closer to foreclosure-abuse deal - Salt Lake Tribune
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GOP candidates shy away from Nevada housing crisis - SFGate: Top Stories
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