What does it mean where a property is a Notice of Foreclosure Sale? How long are the occupants allowed to remain in that home?

Asked by Up-all-night, 91344 Tue Oct 6, 2009

Our neighbor's home has been in foreclosure for (it seems) most of 2009. How long are they allowed to continue living there? They keep MANY animals, mostly dogs, and have by now certainly exceeded the number of pets allowed by law. Is there any way the lender does not know of this situation? Or are they powerless to do anything about it?

If this home has already been auctioned, how would I get that information? Recently, a family friend has expressed interest in looking at this property because she no longer wants to live in a two-story home. (Should she register directly with your site to get complete information?)

Thank you in advance for your time and input.

Help the community by answering this question:

+ web reference
Web reference:


BOB Khalsa’s answer
BOB Khalsa, Agent, Newhall, CA
Tue Oct 6, 2009
The foreclosure process starts with a Notice of Default being recorded. This is probably what you are referring to in the Notice of Foreclosure sale. The minimum time when the auction (Trustee's Sale) date of the property can be recorded after recording of the Notice of Default (NOD) is 3 months. At least 20 days has to elapse after the Notice of Trustee's sale is recorded before the sale can take place. However, with the high number of foreclosures and avenues for negotiating a modification of the loan, these time periods usually get extended. The homeowner (borrower of the loan) can prevent the auction by making good on the default amount. How long a homeowner can stay in the property depends on where the homeowner is in the foreclosure or loan modification process with the lender.

Your best bet is to work with a Realtor who can get you information on which you can decide whether or not you want to make an offer on the property.

As regards pets, contact the City office and make a complaint.

If you need more specific information on the property let me know.

Bob Khalsa
United America Realty
0 votes
Lanamee, Agent, New York, NY
Thu Aug 20, 2015
The Notice of Sale is a document similar to the Notice of Default, which tells the borrower that the lender is beginning foreclosure proceedings against him. In most states, there is a period of time between the NOD and the bank sale where the borrower is allowed to cure the default and bring the loan current. In California MANY years ago, it used to be 90 days. After that, the sale is scheduled and the borrower notified of the fact.
If you need more specific information - http://ForeclosureIQ.com
0 votes
Robert Green…, Agent, Cherry Hill, NJ
Tue Oct 6, 2009
Typically, the Notice of Foreclosure is also referred to as the filing of the Lis Pendens. This filing happens when the lender starts the foreclosure process. In New Jersey, this process can take 9-13 months. Many lenders are backlogged, and there are several ways the homeowner can delay the process. Homeowner's in foreclosure can file extensions delaying the sherrif sale and/or file bankruptcy. You can check with your local sherrif's office (in many areas this information is also available on-line) to see if the home is scheduled for auction.

Your concerns about the number of pets may be addressed by your local municipality. Every town has different rules regarding pets.

Robert Greenblatt
Keller Williams
0 votes
Search Advice
Ask our community a question

Email me when…

Learn more