House being auctioned, how long do i have in the house.

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House being auctioned, how long do i have in the house.

My wife and our children live with my
mother and have for the past 8 years.
She died last year and the mortgage
hasnt been paid. It is now being
auctioned this month. How long can i
legally stay in the house before we need
to move out?

Asked on April 3, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

That is up to whomever buys the home at auction: they may be willing to rent to you for a time. They may be willing to at least give you some time to move out. They may have other things "on their plate" and not take action to remove you right away. Or they may aggressively act to remove you as soon as the sale closes.
If they want to get you out, they have to do so via a legal action (traditionally called an action "for ejectment," though your state may have a different name for it). This will usually take around 1 1/2 to 3 months once they start the process. If you assume you may need another place to live around 2 months after the auction (unless you come to a different agreement with the buyer), that is reasonable assumption and basis for planning.


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