How soon after a person has lost their home on a Foreclosure auction does the Bank evict them?

Asked by Debra Tomarin, PALM BEACH, FL Thu Nov 25, 2010

As well when a person buys on Foreclosure property do they have to evict the tenant or owner?

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Webb Alo’s answer
Webb Alo, Landlord, Mount Vernon, NY
Thu Dec 9, 2010
The federal laws that became effective May 2009, supersede all state laws and can be viewed here,…

If a tenant is in good standing and paying rent timely, the new owner or bank must allow the tenant to live out the remainder of their lease if the property is 2 or more units. If there is no lease in effect the tenant is allowed a grace period of 90 days before a notice to evict can be filed.

If the tenant is in good standing, paying rent timely, and the property is a single family home and the new owner intends to reside in the property, eviction proceedings cannot be filed for at least 90 days after the completion of sale or transfer of title.

If a property is purchased at the auction, like most eviction proceedings the new owner is not allowed a continuum of eviction from the previous owner since there was a transfer in title. Therefore, it is the responsibility if the successful bidder to evict the tenants or owner. Tenants are protected in the May 2009 laws but not the owner. Removal proceedings against the owner can be filed immediately.
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aftervince19…, , Greenville, NC
Fri Apr 11, 2014
Don't let a foreclosure stop you from buying a new home. See Comstock if you have a buyer in need. They have a flexible credit loan. This program assists homeowners who have recently been through a foreclosure, short sale or have recently emerged from bankruptcy.
0 votes
Bob Movin-On, , Hartford, CT
Sat Nov 27, 2010
Depends on the bank I have clients that have lived in their home for as long as 2 years after foreclosure. I even have 3 clients that never moved out I was able to keep them in the home and they will be the homeowner again in as little as 18 months.

Bob Patrick
Buy a home after foreclosure expert
0 votes
Rodney Forbes, Agent, Palm Beach Gardens, FL
Sat Nov 27, 2010

In Florida, the bank will take possession of the home as soon as the Certificate of Title has been issued. As a bank foreclosure agent, I usually get the assignment within 48 hours of this time.

Recently, banks have been trying to make the transition as easy as possible by offering the occupants(tenants or owner occupants) compensation for leaving the home in broom swept condition (cash for keys). Depending on the area, this can be from $1,000 to $5,000.

If you have any further questions please call or email.

Rodney Forbes
Forbes Realty of South Florida
West Palm Beach, FL
0 votes
Scott Godzyk, Agent, Manchester, NH
Fri Nov 26, 2010
Debra if soemone purchase the home at auction, the new buyer is responsible for evicting teh occupant. if the bank takes it back, they will begin eviction as soon as the foreclosure auction ends. Here in Nh for instance they gove the occupant 30 days to move out, if they dont they file for a hearing, within 2 weeks they set a hearing date where the judge will order the occupant out. if the occupant still does not move, the sherriff shows up and removes them with any belongings put in storage at the occupants expense for up to 30 days amd then it can be disposed of. it is far better for all involved when the occupant accepts cash for keys, moves out on thier own in 30 days and teh bank pays form $1000 and up for relocation assistance.
0 votes
Bruce Ailion, Agent, Marietta, GA
Thu Nov 25, 2010
Your question is location specific. After a foreclosure sale, the new owner will file for eviction action with the court, and if successful, the judge will order a writ of possession granting th enew owner access the the property. In my state and I suspect most the a representative of law enforcement or the court will be present to see that the transfer of possession of the property is peaceful.

Due to the high number of evictions, in my area, it takes anywhere from 4-16 weeks to get a date scheduled with law enforcement. Speaking with an attorney who specializes in evictions in your county will get you an exact answer.

Bruce Ailion,
RE/MAX Greater Atlanta
Certified Residential Specialist
Certified Real Estate Broker
Accredited Buyers Agent
MS Real Estate and Urban Affairs
Certified Distressed Property Expert
Certified Internet Professional
2050 Roswell Road
Marietta GA 30062
770-973-9700 Office
404-978-2281 Direct
0 votes
I live in Covington ga my home was sold at auction owner contact me want me out in 3 weeks I ask for money to move is that legal
Flag Sat Oct 25, 2014
Ryan Smith, Agent, Murrieta, CA
Thu Nov 25, 2010
Hi Debra,

Depends on your states eviction laws. In California its running three to five months because we are backed up. Some banks will offer "cash for keys" first to the occupant as a peaceful resolution. If a third party buys the property at auction they will be responsible for the eviction process.

Chris Blasic
0 votes
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