When Does The Sheriff Throw U Out?
When you are in foreclosure,when does the sheriff throw you out? Is it before the sale or after?
When you are in foreclosure,when does the sheriff throw you out? Is it before the sale or after?
In my state, PA (judicial foreclosure)
the Sheriiff doesn't kick 'em out until after
the sale. Actually the buyer at the auction
sale (or the bank if no one bids) has to initiate
an eviction process to gete them out, even after
the sale/auction is over. This eviction is
easier/faster (about 2-4 weeks) than evicttting a tenant.. If they still aren't gone then, the sheriff or constable shows up and gets them out.
There is no redemption period in PA to slow
things down. In states where there is a
redemption period, my understanding is
they can stay in the house all through the
redemption period (in some states it lasts
months).
Generally the final judgment of foreclosure will contain a provision which allows the plaintiff or successful third party purchaser to obtain a "writ of possession" upon the expiration of a certain period of time after the date of the sale. The highest bidder at the judicial sale would be entitled to possession of the property and will usually have to pay a minimal amount to the sheriff or constable to serve the writ upon the debtor/defendant. The sheriff will, if necessary, forcibly remove the debtor/defendant and his/her/their belongings. Its been my experience that once the cops show up the occupants are long gone...
I personally know of a guy here whose house was sold at auction a couple of weeks ago and he still thinks he owns the house and does not have to move. He still thinks all he has to do is cure the past due he used to owe and everything will be fine. His lender's sub prime mortgage branch bought the house at auction before anyone else (only one other person showed up) had a chance to bid.
He may be right if your state has a statutory right of redemption. In such case he will only have to pay the amount obtained at the judicial sale plus interest and redeem the property. If your state doesn't have a redemption period then this guy is living on borrowed time...
In CA you need to evict if previous owner does not leave voluntarily. The foreclosure proceeding only places title in your name.
Ed is as usual right.
First they have the sale the high bidder gets the property. The Trustee records a Trustee's Deed naming the high bidder as new Owner. The new Owner then files an unlawful detainer action. Hold Over After a Foreclosure. If the tenant/new owner is clever he can stay about two months to six months depending on what action he takes. Normal the New Owner gets a judgement at the Unlawful Detainer Action, he abstracts that judgement and gives a copy to the sheriff with a check about $170 and the sheriff then goes out and tell the person in possession to www.move.gives him 24 hours. Returns in 24 hours if the tenant or party in possession are not out, he conducts them to the curb line. Takes an inventory of the contents of the house. puts a lock on the door and hands a list of the goodies to the person standing at the curb, sends another copy to the new owner and thats the story. New owner can properly publish and after proper notice sell the goodies. Usualy I go out to the curb with a six pack, sit down with the person and find him or them a place to live, we borrow a truck and load up the goodies and they are moved to the new crummy apartment with the bullet holes in the living room. I give them a little money for food and a lead on a job. If, big if, they want a job. Some do not, it has become a way of life. I do not understand it I merely observe.
Softly Lucius
As usual CA does its own thing...