Foreclosure in Stockton>Question Details

Cat, Other/Just Looking in Stockton, CA

After a foreclosure auction, how long does the occupant have before they must leave?

Asked by Cat, Stockton, CA Fri Nov 11, 2011

Help the community by answering this question:


Allison Norman’s answer
A tenant has 90 days by federal law, but as the others said, you will most likely be offered a cash settlement to leave early, usually in 30days. ..if the bank takes the home back . Don't be surprised to see an eviction notice on your door as they will continue the eviction process until you have completed the cash for keys.

As a homeowner, if the bank takes the home back, you do not have the same 90 days...but will be offered a cash for keys settlement to move in 30 days...longer can be negotiated. Again,don't be surprised if receive a "Notice to Quit"on your door as they will continue the legal process until you have moved out.

Best of luck to you. ~ Allison
2 votes Thank Flag Link Fri Nov 11, 2011
My house and an acer and a half of land
Goes up for auction tomorrow.they included 15 acres that was not on the
Loan.what can I do?
1 vote Thank Flag Link Mon Jan 6, 2014
Was your land included in the collateral if you were to default on the mortgage ?
Flag Sat Jan 11, 2014
Im staying in my moms house in norfolk va, she made me a lease where i paid her rent , now her house is up fot foreclosure and what do i do with my four kids and one is disable...i dont have the money to move whats my options, what do i do as a tenant?
1 vote Thank Flag Link Thu Dec 13, 2012
you aren't a tenant according to federal statute. Family do not count. Your lease is not valid. You will be evicted.
Flag Wed Feb 11, 2015
Where are you now in the foreclosure process? She should have given you money to make sure you have a brand new start...
Flag Sat Aug 31, 2013
Are you asking as a homeowner or a renter?
Plus it also depends on if the lender took the property back or if the property was sold to someone.
As a homeowner and the lender took the property back, it could be a few weeks or months until the property is assigned to a real estate broker/agent who will do a property inspection. At that time it is up to the lender to either offer a cash for keys or pursue eviction.
If the home was bought by an individual or investor at the trustee sale, you may have a notice on your door that afternoon. At that time it is in your best interest to negotiate a peaceful solution because time is not on your side. And don't expect a cash for keys from the new owner.
As a tenant and the lender took back the property, you may be able to stay in the home until they sell the home or they may offer re-location funds for you to move (a form of cash for keys because the cash for keys is only available for homeowners). Tenants fall into a special category when it comes to foreclosures.
Now if the home was bought by an investor or individual at the trustee sale, then your options are the same as if you were the owner still living in the home. Expect the new owner to file an Unlawful Detainer (UD) right away.
1 vote Thank Flag Link Fri Nov 11, 2011
The owner of a house passes a way the house goes into foreclosure or it is in the sons name in the foreclosure process in the meantime there are squatters living in the house The house went up for sheriff sale today the bank bought the house back my question is how long can these squatters stay in this house before the bank can evict them. Keep in mind the people presently living in the house never owned it the owner is deceased and the house is in foreclosure in her sons name. Thank you if you can answer this
0 votes Thank Flag Link Mon Feb 9, 2015
I am a home owner. I am on the title and deed. my husband is only on the title. chase home finance allowed me to buy this home with a mortgage of $1800 a month (not escrowed) while I tended bar and made $30 a day plus tips. I only worked for about 6months after buying the home before I left my job. My husband then began paying all of our bills. a few years later he was temporarily laid off and Chase allowed us to modify our loan (using his income). when his lay off became permanent, we tried to get a deferment, and also some other options. they wouldn't accept his income and I was denied. they gave us the run around for so long, now my home will be sold at auction on Apr.4th. are there any other options? I guess I cant go to mediation or anything now?
0 votes Thank Flag Link Mon Mar 17, 2014
Since this posted 2 years ago, little has changed.
0 votes Thank Flag Link Thu Jan 9, 2014
There are other options:
We have a No Cost program that might help.
If you are still in the home we can slow down the process of eviction. We call it Eviction Defense it gives us time to investigate what the lender and trustee has done.
We would need to see certain documents, if the Trustee didn't follow the rules we could reverse the trustee sale.
Then we investigate your loan, if we find any discrepancies we can get you a new loan at 95% of Current Market Value.
But Time is not on your side.
Have you received a Notice to Vacate?
Next will come a Unlawful Detainer.
Some one from the bank will contact you and offer Cash for keys so you will get out without trashing the house.
Our process is short the investigation is about two weeks then in a month after that you could have a new loan.
We will also Restore your credit for free giving you a fresh start.
If you can't afford the home after we get a settlement we would sale the home and split the profits with you.
Want more information
Harold Lear
0 votes Thank Flag Link Thu Jan 9, 2014
Can you help me if I live in Miami fl?
Flag Mon Mar 9, 2015
My house and an acer and a half of land goes up for auction tomorrow they included 15 acers that was not on the loan .what can i do???
0 votes Thank Flag Link Mon Jan 6, 2014
after a foreclosure trustee auction, how long dose the occupants have before they must leave
0 votes Thank Flag Link Mon Jul 29, 2013
My house is up for auction by my association, not the bank, how long does the occupant have before they must leave?
0 votes Thank Flag Link Mon Feb 11, 2013
According to the Tenants Rights Act of 2009;
a month-to-month rented has 30 days, and,
a lesee has until the end of the lease.
You might want to read that Act.
0 votes Thank Flag Link Thu Dec 13, 2012
My house was just auctioned, and it was bought back by the lender. How much time do I have to leave living in the state of Florida.
0 votes Thank Flag Link Wed Oct 3, 2012
Depends on the bank and the asset manager involved. Could be very quick or it could be a while. In any case I would probably start looking right a way.

Hope this helps,


Rocky G.H. Hawrysz
Prudential California Realty
(209) 444-6610 Direct
(209) 433-2000 Fax
License No. 01468373
0 votes Thank Flag Link Sat Nov 12, 2011
That is correct. Most of the time the lender will give the tenants cash for keys and probably would take a month or two for them to leave. Or the tenant could drag things out and force and eviction that could take months and months.
0 votes Thank Flag Link Fri Nov 11, 2011
It varies, usually this will be worked out with the bank in a cash for keys agreement, or via eviction if an agreement is not entered into.
0 votes Thank Flag Link Fri Nov 11, 2011
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