How Long Does It Take From The Time You Get A Foreclosure Notice To The Sheriff Is Kicking You Out?

by admin on October 23, 2009

I know someone who like many americans is out of work and behind on their mortgage. They got a notice from Wachovia that they are starting the proceedings for foreclosure. If they don’t get a job and make money they will be forced to live with relatives however how long do they have? Some say a year or two. I thought it was only a matter of months before the bank sends the sheriff to kick you out.

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{ 4 comments }

1 foreclos October 23, 2009 at 2:42 pm

You need to look up your state foreclosure laws. The time frames vary from state to state, and there may be a lot of other circumstances that could postpone the process. But your state laws will have all of the required time lines that the bank is required to follow when attempting to take a house back for nonpayment of the mortgage.
However, the owners can work with the bank to have the sheriff sale postponed for as long as they are trying to negotiate for a settlement or sell the house, etc. The lender can and will delay the foreclosure process as often as they want, as long as the borrowers are working on some reasonable solution to the problem. Of course, they won’t keep delaying the sale forever, but at least once or twice (or multiple times) may be easy extensions for them to grant.
The important thing to do is to keep in contact with the mortgage company and request (in writing) more time as necessary. The best that will happen is the bank will grant the additional time; the worst that will happen is it’ll say “No” and the homeowners will have to work on other options. Bankruptcy and filing motions with the local court system can also delay a foreclosure auction or eviction.
Hope that helps.
ForeclosureFish

2 Alterfem October 23, 2009 at 4:59 pm

That notice tells them the date of the sheriff sale. In most states they will have a 6 month period of time, called the “redemption” period. Where they can redeem the property by bring forth the money or loan to cover the previous loan (s) and all penalty fee’s etc. After the redemption period is over, someone will most likely come to the door and ask they they vacate the premises. So as of the date of Sheriff sale, start counting out six months.

3 Landlord October 23, 2009 at 9:14 pm

Usually it is 3-4 months. Sometimes 6 but that if for people who are trying to work things out, not simply screw the bank.

4 Tammy S October 24, 2009 at 4:02 am

We got a foreclosure notice in June. Our lawyer says we probably have 3 to 6 months.

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