Home Loans and Support

My house is going through foreclosure, when do I move?

This depends on laws governing the state where the property is located, as well as the outcome of legal proceedings initiated by the creditor or new owner. It also can depend on your lender or mortgage servicer.

Essentially, you can wait up until the local sheriffs come pounding on your door until you have to vacate your home. This can take anywhere from 3 months from when you were first served to over a year. There seems to be no rhyme or reason with the time lines and laws right now. Most homeowners do not want to go through the hassle of not knowing or the embarrassment of getting caught off guard, but they want to remain in their homes as long as possible.

If foreclosure occurs, after the Trustee sale, the bank or the new property owner will ask the court to schedule a hearing. This will determine the duration of time before foreclosure eviction is executed. This can be from 3-14 days. The court will decide the length of time the former owner can remain in the home before he or she has to relocate. The owner may still occupy the contested property after its sale. The notice of foreclosure eviction varies.

What most homeowners do not know is that they can actually request their mortgage servicer or their representing attorney for more time to move and sometimes cash for relocating. Yes, you heard it right, cash! The best advice I can give is to call the attorney or law firm that is representing the lender well ahead of your scheduled sale date  and ask them nicely to work out a deal with you in order for both parties to win. You can save them time and money by moving early and they can save you some cash and headaches by helping you move. 

You know the old saying, “If you don’t ask, you don’t get!”

In some states, the court may order the former owner’s foreclosure eviction in 10 days. If the former owner does not move out within this period, the new owner may ask for execution of the judgment. The sheriff will have the right to bodily remove the old owner from the property. The sheriff may give one to three days for the old owner to vacate the premises.

Florida’s foreclosure laws, for example, dictate this: A foreclosed house may be set up to sell in an auction 65 days after the complaint has been filed. In other cases, the auction may be permitted within 45 days after filing of the complaint. A resident here may have between 45 to 65 days to move out before the foreclosure sale happens.

One can prevent foreclosure of a home due to a defaulted payment. As creditors mainly need the amount equivalent to the debt plus some related expenses, the owner of a foreclosed home may take steps to reclaim the property.


About Moe Bedard

My name is Maurice Bedard, but most people call me Moe. I am the founder of America's #1 Mortgage Forum, LoanSafe.org, and also a website design firm called We Create Web Designs. My online work has been featured in the New York Times, LA Times, Fox Business, and many other media publications. I currently live in Carlsbad, California with my beautiful wife and children.

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