If a home is foreclosed on, when do you have to vacate your homeonce it has been soldatthesherriff’s sale?

A family member was going through foreclosure. In 12/10 their house was sold via Sheriff’s Sale. Don’t they have a 6-month redemption period (starting from the date of sale) during which time they do not have to vacate the home? The redemption period not only allows therm to stay in the home during that time but also gives them an opportunity to purchase the property back if they has the funds available. Before she has to vacate, doesn’t the sheriff have to give them a 48-hour notification about it’s intent to vacant them and all of there contents from the home? In MI.

Asked on March 5, 2011 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you are absolutely correct: your family member has the right to live in their house for the full statutory right of redemption time period - 6 months in Michigan - without fear of eviction.  The deed can not be transferred to the new owners until the 6 month period has passed.  But make sure that your family member maintains the property and pays the utilities during that time because of the new owner can prove that they in any way "abandoned" the property they can reduce the 6 months to as little as 30 days.  Now, it is also your right to stay until you are evicted by court order.  The 48 hour rule as you are stating it here in specific to the law in your state and you should ask an attorney there as well when they help him or her with the matter. Good luck.


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