How long do I have to leave the premises if I have fallen behind a my loan?

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How long do I have to leave the premises if I have fallen behind a my loan?

We have been buying a home on a rented lot for 6 years. We have fallen behind and have to quit on the loan. We haven’t been served or taken to court yet but for my state of mind I would like to know a time frame for us to move.

Asked on May 12, 2011 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Until a foreclosure proceeding is brought against you by the lender (if it's a home loan, like a mortgage, you're filing behind on) and *then* an eviction proceeding brought by whomever acquires the home after foreclosure; or alternately, an eviction proceeding brought directly by a the landlord if its the rental payments on the land you've fallen behind on; you do not need to leave. To force you to leave, you must be evicted; eviction can only happen through the courts. So until this happens, there is no way to estimate a time frame. Once eviction is brought against you, it will usually take a total of 4 - 8 weeks, but much depends on how aggressive the person bringing the eviction is, in pressing the action ahead; on how crowded your local courts are; and on holidays, etc., which delay court calendars.


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