how long di i before i am made to move if my house goes into foreclosure?

UPDATED: Sep 30, 2022

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how long di i before i am made to move if my house goes into foreclosure?

As of now I am current on my mortgage payments, but I have lost my income and cannot make any more payments. So I was wondering how long I have from now until I am made to move?

Asked on February 10, 2017 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It can take months for a foreclosure sale (sometimes even years). After the sale, once a new deed has been recorded with the new owner’s name on it, you go from homeowner to tenant. If your property is sold to a new owner, they will likely want possession of the house as soon as possible. However, whoever buys it at the foreclosure sale/auction cannot just change the locks. The new owner must serve you with a 3-day written notice to “quit” (i.e. move out) and if you don't move out in the 3 days they must go through the formal eviction process in court in order to get possession of the property. That can typically take several weeks.  If the property is not sold to a new owner at the foreclosure sale (if nobody makes an acceptable bid), your lender will end up with title to the property. If this happens, you could have as many as 3-6 months or more to remain in your home. Bottom line, if you are just stopping your payments you should have at least 6 months before you will have to move out. (and more than likley close to twice that).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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