so if the sale date is nov. 17th, do i have the 10 day grace period to move out?

Mary
Home Seller
Coco River, FL

After a court ruling, the sale date occurs generally around 20-35 days after. The notice is published with the time, date, and location of the sale. For two weeks before, the notice of sale is published once a week.

The sale is usually overseen by the clerk, and normally takes place at the court house. Whoever makes the winning bid, must provide a 5 % deposit, and be able to pay the remaining balance by the end of that day. If this does not occur, a new sale date is set not less than 20 day later. A certificate of sale is given to the winning bidder.

Ten days after the sale, a transfer of ownership is given to the winning bidder, if there has been no dispute of the sale. Most of the time, the borrower has no right of redemption, once the certificate has been issued to the winning bidder.

is this true? so really i would be ok moving maybe nov. 28th or 30th? please help, i dont know what to do.

Answers (1)
Marian Derks
Agent
Austin, TX
FIRST ANSWER

Foreclosure is one action.

Eviction is the next

Foreclosure only grants ownership not occupancy.

A new owner must file to evict with the court, after the foreclosure has granted them ownership.

Check on the rules for eviction with the precinct in your area and this will tell you how much time you have.

The eviction will also require a notice of a court hearing and in the state of Texas the judge will grant the occupancy to the new owner at the court hearing if all the process has been filed correctly.

If you, the current occupant does not leave withing the time that the judge states at the court hearing the new owner then can file a writ of possession and place the current occupants personal items out to the curb. In Texas start to finish and on the curb for an eviction is usually 30 day after filing the eviction.

If the mortgage bank is the new owner they will usually send a represenative to offer you cash for keys so you can acquire some money for moving out. This is a document you sign with the bank rep. You must follow thru with the agreement to get the cash.

Please be aware it is much better to do a short sale than put your self in this position.

Government short sales are allowing you some cash reward at closing for making the home available for and participating in the sale even if the sale price is less than what is owed the bank. This helps keep distressed properties off this market therefore, holding up values in the neighborhood.

Marian Derks
ReMax Capital City
1(512) 659-1642

Thu Nov 13 2008, 04:48

Didn’t find what you were looking for? Ask a question!

Search Advice
Foreclosure Center
Find the latest articles and answers on foreclosure properties! More »

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 27
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback