Can a bank tell you to vacate your property immediately without a court order or foreclosure in place?

Asked by Frank Barnhardt, Araby Eight Com'l Estates, Yuma, AZ Tue Sep 11, 2012

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Larry Lichtm…, Agent, Bala Cynwyd, PA
Tue Sep 11, 2012
Hi Frank,

If you are currently the owner of record, and there has been no judgement of foreclosure, no one can make you leave your home unless it is deemed inhabitable by the municipality due to life health and safety issues.

A bank must foreclose and the property would be sold at Sheriff's Sale. The new owner would have to file for ejectment. You can possibly appeal that.

You should contact your local Community Development Coroporation or Community Legal Services in your area for further assistance.

Best of luck to you.

All the best,
2 votes
Sheri Curci, Agent, Newtown, PA
Wed Sep 12, 2012
Hello Frank, 1st of all...... Im sorry to hear that you may be going through this process.Your Not the Only one.

Not Sure on Az Law But you MUST be informed of ACT 91 disclosure from your bank.

You can contact an aggressive local agent in AZ and persue with a short Sale back to the Bank.

This will help repair your credit Much Faster....... approx 12 to 18 months vs a Forclosure that will mess up your Credit for 10 Years.

If you just starting a Family and you got caught up in ths Mtg Fiasco.... you may want to repair your credit faster with a short Sale... besides.... what do you have to loose?

All the Best John Curci RE/MAX Properties Philly Bucks County Pa
0 votes
Kathleen She…, Agent, Philadelphia, PA
Wed Sep 12, 2012
Laws vary from state to state. Consult a local real estate attorney or non-profit housing counseling agency.
0 votes
Margaret Ama…, Agent, Sarasota, FL
Wed Sep 12, 2012
Not knowing any legal paper work you may or may not have in reference to this bank I have never heard of that happening lawfully in the USA.
Foreclosure and eviction are a legal process and both take time. Get yourself legal advice immedeately. There are community legal resources for people with limited means if affordability is an issue.
0 votes
David Siegel, Agent, Boston, PA
Wed Sep 12, 2012
2 points
1) your identifying moniker describes a commercial entity. you did not specify "my home". eviction/ejectment laws are far less consumer friendly especially in some states.
2) those of us familiar with banks understand that a notice can "tell" or "say" a lot of things. then there is the fine print which reminds you that state laws control the power of the notice and you should consult an attorney if your puzzled.
0 votes
Terry McCarl…, Agent, Cape Coral, FL
Tue Sep 11, 2012
I would run (not walk) to a real estate attorney to address this issue!
0 votes
Don Sherman, Agent, Philadelphia, PA
Tue Sep 11, 2012
Since real estate agents are not alllowed to give legal advice I suggest you contact an attorney that specializes in real estate .Preferrably one that comes reecommended to you .
Goodluck to you .
0 votes
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