In my state, a foreclosure sale is several steps away from being evicted. After the sale the sale must be approved by the court. After the approval a redemption period must run. After the redemption period the new owner has rights to possession. Those rights must be asserted in a particular way. If you do not voluntarily depart the premises a legal action must take place to before the sheriff will visit with a request that the occupant leave.
There might be a PIRG (Public Interest Research Group) in your area with more specific details for Mass.... more
You need to contact your bankruptcy attorney. I know when I read your question the first thing that comes to mind is, "when you did the chapter 13 bankruptcy was your boyfriend part of the case?", if he was then you have a hardship and the trustee may take that into account, but if he wasn't and there are no other changes in your income then the trustee may be concerned that you are not managing your money as calculated in the settlement agreement of the chapter 13 bankruptcy. I would advise that you sit down with a money management professional (Budget Assist 860-653-2274) set up a plan of action and be prepared to present that to the trustee, it shows you are proactive. As far as a foreclosure at this time you should not be under foreclosure but if you are not making payments a new filing will happen soon, the process takes quite some time now with the courts so swamped with cases. Eviction comes after the foreclosure sale is completed, if a private party takes title they may ask you to leave right away, if the bank takes the home (in most cases they do) you may not get a notice to vacate for months, I have seen cases where people have stayed in the home for as many as 24 months after the foreclosure sale. Good Luck Bob... more
You should probably contact your bankruptcy attorney for actual legal guidance. Alot will depend upon how actively your lender & servicing companies are. Massachusetts is a very pro-tenant state fortunatly for you. You might have 30-60 days from the court date if you're lucky. Often times it can be negotiated with the lender what's called "cash for keys", in that they offer you an incentive to move out faster & leave the place in good condition. An attorney is highly recommended especially in your case where your ex & you may have separate & joint liabilites with the property.
Hopefully 2010 will be a better year for you, good luck, check back and let me know how you make out... more
This one is tough to answer since I would need more information regarding the stay lifted scenario you have with the bank. Have you talked with the bank and made some type of resolve with them after having trouble paying your mortgage? Is your home for sale and you have an offer in on it? If so, then you need to try and get something solid with that buyer before the actual foreclosure date given by the bank. Depending on your financial situation, have you talked with the bank on doing a possible short sale if it can be done? So there are different reasons for the stay lifted on your home (could be 3 weeks to up to a year??) and I wouldn't be able to tell you more unless you gave more information regarding the situation with your home.... more