Foreclosure in 85202>Question Details

Kepner, Other/Just Looking in Mesa, AZ

How long can I remain in a townhouse owned by my deceased sister after the sale of the property. It is in foreclosure. I did not put it in my name.

Asked by Kepner, Mesa, AZ Thu Dec 22, 2011

I have tried to buy this property, but the bank in question would not talk with me as long as I was paying the mortgage. I stopped paying the mortgage 7 months ago to get their attention. They insist I put it in my name before they will talk to me about a refi. I no longer wish to live here and have plans to move, but the sale of the property comes three weeks before I can move into my new apartment. What am I facing? Can I remain here for the three weeks if sold to an investor. If it goes back to the bank does this alter my situation. I cannot afford an attorney. Thank you!

Help the community by answering this question:


If you've not made a mortgage loan payment for 7 months, then you should have a nest egg of cash - correct? I would recommend you use some of that money to rent a motel room or move in with a friend or family member. If you choose to stay, then be prepared to have very little notice to vacate the premises. That is usually more stressful for most people, who ultimately opt for a little better control of their living arrangements.

Also, sometimes a person cannot afford to NOT consult with an attorney. And there are lawyers out there who will offer a free intro session wherein you might be able to get some extremely valuable advice.

All the best!
1 vote Thank Flag Link Thu Dec 22, 2011
The only situation where you can remain in the home following a trustee sale is if you had a rental agreement in place.

NOTE: If the bank purchases the property at trustee’s sale, then the bank must honor the terms of the original lease. If a third party purchases the property at trustee’s sale and intends to utilize the property as his/her primary residence, then the tenant must be given 90 days notice to terminate the tenancy.

Since you are not a tenant, you must be out prior to the sale.
1 vote Thank Flag Link Thu Dec 22, 2011
Jeff is absolutely correct. Would need to know more information to determine.
0 votes Thank Flag Link Fri Feb 6, 2015
Deasr Kepher:

No one here in this open forum will be able to answer your questions without understanding your trust and the foreclosure documents you are referring to.

You can contact HUD for some assistance.

The sherriff would ultimately have to evict you if you do not choose to move out at the required time.

I urge you to get legal advice.

Jeff Masich
Web Reference:
0 votes Thank Flag Link Wed Dec 28, 2011
Wish there was a simple answer, but it will depend on who buys the townhouse and how amendable they are to working with you. If the property goes back to the bank, a representative from the servicer will ask you to vacate, leaving the property in broom swept condition. If an investor buys may be able to negotiate with them to be able to stay, but it will depend on how willing they are to work with you but most investors are trying to flip the property or rent and will want you out sooner versus later.

Susan Lehmkuhl
Associate Broker
The KUHL Team
Buy and Sell Smart Realty
0 votes Thank Flag Link Fri Dec 23, 2011
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