How Long Can You Stay Before They Kick You Out

Gyva profile photo

Just throwing this question up in the air. But if one does not pay his mortgage payment how long can someone stay in that house before by law you have to get out, and then can they stay even longer if you appel that in court? Just really curious how long one could stay in a house before they really really had to get after if forclosed. Thanks guys and really interested in the replys.

Mike...

Comments(3)

  • Tedjr30th December, 2003

    Usually 3 to 4 months past due you will get a demand letter and 30 days after that a foreclosure notice is posted at the courthouse giving you until the 1st Tuesday of the following month when the property will be sold. Then the buyer or lender will realize that the property is occupied and will have to send you an eviction letter. You have 10 days to respond and set a hearing. Ask for a trial by jury. These take longer to arrange. About tow to three more weeks you have a hearing and loose. You can appeal but will have to post a bond. After the appeal date the lender can get a writ of possession and have the constable help you move. Best to move before that date comes. This will not be fun as all your stuff will be put in sheets and set by the curb. This is the Texas procedure and will vary state to state

    Good LUCK and HAPPY HOLIDAYS

    Hope this helps some

    Ted Jr

  • Gyva30th December, 2003

    I live in Idaho, and I guess it differs here because I remember my parents stayed in their house for 6 months before they had to get out and even then the lender offered them money to get out lol. ya they got a check for moving out of the property. I've never heard of the putting your stuff on the curb before.

  • Lufos30th December, 2003

    It depends on how good you are in www.court.I have had people stay in their properties over a year. But they fought me all the way.

    Transfer of tenant in possession to nulify service. Answer a judicial action with a pleading to challenge the matter. Not a party to contract, Fraud on the face of all instruments. Changes of venue cause the Judge was a man. Banktrupt. File in Cap 7 and withdraw one day prior to first creditors meeting, then refile the following day and repeat this at least four times until the attorney gets smart and request that you be restrained. Then you trans tennancy and that tennacy when faced with an unlawful detainer action then files a bank and once again over and over.

    It depends as I have said what lengths you are willing to go.

    Mr. Jerome Saunders a defrocked preacher and a disbared atty. I think he practiced medicine on the side. Paid me six months rent to move in and that was that. What a battle, he was good. His theory on morality, Morality is for the Rich and the Criminaly Insane. I am neither. Oh did he work me over. I mean his actions in a court of law were hysterical. I fell out of my chair laughing so hard. I mean he is quoting Code Napoleon and this is a court in California, British Common Law. And the Judge gave me a warning. Of course he was laughing at the time.

    In any case I finaly surrendered and I went over and handed him $1,000 to move with another in my hand when he handed me the keys. Well he is moving and his family are laughing away, they really have me worked over, so wot the hell I am laughing and helping them move. I keep telling them that I am just going to get even by dropping and breaking stuff.

    All of a sudden Jerome, now Jerry to me gets a funny look on his face, clutches his chest and drops to the ground. I drop the chair I am carrying and go over. Oh my god full cardiac arrest. I start pounding and trying to get him started, I finaly start Mouth to Mouth but nothing is working, I can't get a reaction no matter what I do. I am praying between gulps and his wife and kids are all helping but nothing he is gone.

    So we continue the move. They take him away, but all the fun has gone out of it. I give the wife a check for $5,000 and finish the move. I go downtown and make the arrangements to reduce him to ashes. and I hang out with the family most of the night. My wife comes over we get some food going but well it is past tense. Jerry is gone.

    For a while I felt responsible but the report finaly came in, just a massive heart attack, no warning, nothing could be done.

    In any case Jerome, now known as Jerry held the record, but that was his life style. He dedicated his life to living a life style which consists of making fools out of everybody he touched.

    The funny thing was I liked him.

    Lucius

Add Comment

Login To Comment