I can't tell you how long that process will take. But, I don't think it'll take until 1/15/09 for the whole process to take place.
The first place I'd start is the bank or the bank's attorney. They will have the say in letting you remain there until 1/15/09.
If you'd like, I'd be happy to make the calls to your lender and try to get you some time in your home. I work with homeowners and their lenders on a regular basis. I would do this for you at no charge!
Two other thoughts. One is to contact a Real Estate Attorney and see if they would advise you to file an objection to the sale which could buy some time. If they feel it is advisable, you will likely have attorney's fees to pay.
My last thought is getting your property sold (via a short sale) within the 10-day redemption period. This is a very agressive approach. It could work very well to your advantage and would need to be started right away. Again, please contact me directly if this is an approach you'd like to consider.
If all else fails, you may have to find interim housing. There are some places out there where you can pay by the day. They are not glamorous accomodations, but will do the job short term.
Mr. Adams has done a good job of recapping the situation. Where he and Ms. Larsen conflict, I'd advise you listen to Mr. Adams.
I'd go on to add a thing or two that may be new. First, in a Sheriffâ€™s Sale, the mortgage holder NORMALLY ends up buying. They have an up to date appraisal and won't let the property go for less. Would you, if you could afford to cover the cost? Remember that the mortgage company is basically paying themselves and, since they are usually the prime creditor, they can also clear any secondary loans by paying the sheriff less than the amount of the primary loan. You end up still being liable for any amounts that you owe. Whether you will be pursued further, I have no idea. That's not the Realtor's end of these affairs.
Now, the mortgage company will receive a sheriff's deed. When? Sometimes not for weeks. They then have to update the title search to find any other liens on the property and quiet the title by informing those lien holders that the primary lien has eradicated any claims they may have previously had. This takes time.
The mortgage company will usually place the property with a Realtor for sale. In some cases, if the value of the property is low (wrecked, abandoned houses for example) they may just let them go to an auction of many distressed homes.
If they do list with a Realtor, the agent will be directed to effect a removal of any tenant, whether former owner or renter. The first attempt will be by trying to talk you into leaving voluntarily. They may offer a contract, giving you a MODEST sum in exchange for a contract to vacant on a date fixed, time certain. The sum is paid when you are out and give up the keys. Sometimes I have seen the tenant abandon worn-out household items, saving them the cost of having them taken out of the place.
If this scenario plays out, you will find that the time you need will usually be granted. In your case, it's less than two months.
If you refuse or are not approached in this way, then an eviction can be ordered. In these times, the sheriff is quite busy and the time between that of the request and the actual eviction date can amount to a good deal of time. That MAY get you to the January date that you are seeking. If not, the sheriffâ€™s officers will show up on the eviction date. If the mortgage company is wise, they will have a representative with a locksmith and a moving company in tow. The movers will take the contents of the property to a storage location and usually pay the first month's rent. This cost is normally borne by the new owner, not the person being evicted. If, perchance, you have a place to move to and it is nearby, the movers will usually just take it to the new place instead of to storage. (Saves the one month fee.)
If the new owner does not engage a mover, then the locksmith will change the locks before the contents of the house are removed, not after as would happen in the case outlined above. Since this is the personal property of the former tenant, the tenant has the right to remove the contents and the new owner cannot take anything. Now comes the tricky part. You can directly negotiate a day when the new owner will open the place to let you remove your property or, if need be, you have the sheriff's department arrange that date. Obviously, if you do not act in a reasonable time, (sorry, but I don't have a specific length of time for you) the owner can declare the personal property abandoned and throw it in the trash. I have been told that he cannot sell it or convert it to his use without incurring the obligation to pay you for it. You would have to consult an attorney to get details on that situation.
So, you can see things are not as bleak as they seem. The sheriff will notify you of any action that they will take ahead of time. I believe that the new owner (mortgage company or anyone else) becomes your landlord on sufferance, meaning that, while they don't want you there, the landlord-tenant laws of the state bind them. They cannot just toss you out in the street nor lock you out without the sheriff's department eviction.
Some may advise that you seek legal protection and consult an attorney. You certainly do have the 10-day reclaiming right but I assume that, as in most cases, you would not let it get this far if you had the funds to reverse the sale. I donâ€™t recommend paying for an attorney if you are content to let matters take their normal course
Best of luck to you.
Ejectment Procedures For New Jersey Foreclosure; Judgment Entered and Writ of Possession Issued:
At the conclusion of the Sheriff's Sale, judgment may be entered for possession. Simultaneously, a Writ of Possession is issued and the Sheriff has thirty days to serve the Writ of Possession on defendant.
After the Sheriff serves the Writ of Possession, the occupants are given twenty days to move. On the twenty-first day after service of the Writ of Possession, if the occupants have not vacated the premises, the attorney telephones the Sheriff's Office to schedule the eviction. The Sheriff will then assign a date for the eviction, which is usually 30 to 90 days from the date the judgment is entered. The client must provide for a moving company and locksmith at the time set by the Sheriff for the lockout.
If the property is occupied by a tenant, a separate complaint must be filed in Landlord/Tenant Court. This process may take 60-180 days.
I found this information here:
If you have not been served with anything by the Sheriff, it would appear that you should be able to complete your own withdrawal plans.
I hope that this ends any misstatement by any, including myself. Only former tenants get the protection of landlord-tenant court. The time of the process for former owners is still fairly long and each step is documented by notification of the Sheriff's office to the former owners.
Have a happy holiday. Better days are coming. You can feel it in the air.
Again, I do not know your circumstances, but, my daughter and son both lived in Seattle on and off and couch surfed for a month here and a month there when they were in betwixt and between. Talk to your friends, coworkers, church for options. Dave Atherton
William gave a lot of good information as well.
Here are a couple wrinkles on my observations in the Inland Empire (Eastern Washington State).
1. The last time I was involved w/ repos, there was typically 3-500 dollars in key money available to the former owner.
2. The owner had to be out pretty quick but there was some wiggle room. I usually tried to get it done w/i a week from the time I was notified. That could have been days to several weeks after the sale. I do not know what your circumstances are or what you are like as a person so please do not take offense. But, the agents who work repos have to deal with some pretty ugly situations and some very mean, angry people on a routine basis. They usually have had the milk of human kindness pretty well boiled away. Do not expect a lot of sympathy. If your home has been trashed--pretty typical in repo cases--you will get much less sympathy and cooperation. If you have your goods boxed up and ready to go and a definate time you will be gone, you may get some leeway. Be prepared to negotiate, be soft spoken and not angry. It will not help your case.
3. In today's market, the banks are often paying significantly more than the investment is worth when they buy it back at the auction. They can not afford damage to the house. This works both for and against you. The "for you" side of the equation is, if there is a lot of problem with breakins of vacant homes in your area, your house is neat and clean when the agent shows up and there is going to be a bit of dead time, especially if the market is trashed, you might get some leeway because of the holidays. The "against you" side of the picture is, the longer you are in the house, the more the likelyhood you will damage the house. (Based on averages.) It IS a wierd market. Talk to the agent.
4. If you are working and are gone from the house, I would leave a note on the door with your number for the bank representative or agent to contact you. Personally, I do not think you gain much by calling the bank. I think the stock answer is going to want you out tomorrow, or, this afternoon if possible. So, I would guess, you are ahead of the game to wait on them. I would get your gear all packed and ready to go. There is no requirement here that I can recall to pack your stuff up and store it for you (as opposed to a rental situation.)
5. Finally, I think any leeway you get is going to be more of a blind eye than formal agreement. The banks do not want tenants, they want empty, saleable homes.
Good luck. Dave Atherton, Spokane WA 99006.
TECHNICALLY, THAT HOUSE IS STILL IN YOUR NAME EVEN AFTER THE FORECLOSURE, UNTIL THE DEED TRANSFERS, AND THAT PROBABLY WON'T BE UNTIL THE END OF DECEMBER.
ALSO, ALOT OF TIMES THE BANK WILL PAY YOU TO LEAVE. THEY WILL OFFER YOU MONEY. SO STICK AROUND A LITTLE WHILE LONGER AND MAYBE YOU WILL GET A LITTLE BIT OF CASH BACK. I HAVE HEARD OF $1500 AND UP BEFORE.
A real estate agent or title officer in your state can tell you where to get advice--probably from a lawyer, including legal aid. You might also call the sheriff's office. They're human beings, too, and will tell you what's happening.
Good luck to you and your family, Ma'am. I sincerely hope it works out. There are too many stories like yours.
Now the question is (and I am unable to answer it) how long does it take to get a Writ of Possession? I hope that Mr. Hill or someone in this forum can answer that one, which is the crucial information that you need. The sheriff's department can only act after that and they do have a response time that varies with workload. I guess that each county is different in that regard, so you might have to check with your county as to how things stand with the sheriffâ€™s office there.
The bank can get a "Writ of Possession" to have the former homeowner removed. This is quite different than an eviction via landlord-tenant court.
Also, I would make a bet, because I tend to be paranoid and I think the banks are as well, they might make an agreement but still start the paperwork in the event you renege on the agreement, they do not have to start from scratch. They do not want to get to mid Jan and have to start then.
Again, good luck and William, thanks for taking the time to write that out. Always nice to know how other jurisdictions work. Dave Atherton
The only thing that I would disagree with is that NJ has STRONG landlord-tenant laws. I skipped over a step in the eviction procedure because I wanted to give you advice that would be the same without its mention. Mr. Atherton's comments force me to be a little more specific.
AFTER the sheriff's sale, the successful bidder (usually the mortgage holder) owns the property. In NJ there is a 10-day period where the former owner can reclaim the property for the amount of the auction. Tough deal if you don't have the cash. After that, the occupant becomes a tenant. NO tenant in NJ can be evicted without a court hearing. Plenty of landlords want to break leases, for example. They can't and the court will make sure that the tenant can be forced out only if the facts allow it. This court hearing takes time to get; it's not like the ER in the hospital. You don't just walk up for immediate service. After the hearing, (which can be postponed for cause,) the landlord, if successful, gets a writ of eviction (Legalese is not my strong point so I may have the exact title wrong.) The landlord must file it with the sheriff's office. (Often just down the hall.) The landlord pays a fee and the sheriff's office assigns an officer to notify the tenant of the eviction (can be posted on the property and via US mail) and to set a date. Because of workload, the eviction officer can be a contractor rather than a full time deputy. Anyway, all this takes time. I believe that, if you have not had a court date as of 12/4/2008, (the current date,) it is almost impossible for the procedure to result in an eviction before 1/15/2009, the date when you said you were ready to leave.
Hope that all the information you have received will ease your mind, put you in a position where you can control the process to some extent and save you legal fees that you may not be able to afford and which will not alter the situation in the end.
Have a happy holiday and my very best wishes for a prosperous and trouble free New Year.
Yes I am just sitting. I am trying to find a place for myself and dog and then my son 18 is also looking for a place a to go! I do appreciate your response Its people like you who give me hope as I have lost all faith in the "system"!
after the sheriff sale there is a long redemption period.
i know someone now who's house sold at sheriff sale in early august and they are just now getting an eviction notice.
they will give you a 10 day notice to move........the sheriff's office will.
they don't just come and change locks on people.
if you don't move in 10 days then they file for an eviction procedure in the court.
I THINK YOU WILL HAVE THE TIME.
THAT ISN'T EVEN 2MONTHS AWAY.
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