How much is the minimum notice to vacate in a court ordered trustee sale?

UPDATED: Jul 13, 2011

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How much is the minimum notice to vacate in a court ordered trustee sale?

My former spouse took me to court and was awarded a court ordered trustee sale of our house, where I currently reside. After 8 months an offer came in, was ratified on 6/14 with a settlement date of 7/8. I never received anything in writing from the trustee about this. The date was changed to 7/15, but still nothing in writing to me. An email from the listing agent on 6/28 alerted me to this date for the 1st time. Yet nothing from the trustee. 16 days isn’t much notice to vacate and a rent back should been added as a condition of contract acceptance to give me time to schedule movers and locate housing.

Asked on July 13, 2011 under Real Estate Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your question regarding minimal notice is somewhat hard to answer because each State in this country has certain notice requirements for vacating post a trustee's sale.

Until the trustee sale occurs, the person who is delinquent on the property that is being foreclosed upon technically is the property's owner and is entitled to stay in the property even though the mortgage is not being paid timely or at all.

It is after the trustee's sale when the the former owner must be out of the property because there is a new owner. When this occurs, depending upon the State where the property is located, the new owner can serve an eviction notice for the former owner to vacate the property setting forth a reasonable amount of time to leave, if the time passes and the former owner still remains, an expedited lawsuit most likely would result where the former owner would be ordered by the court to leave the premises.

Hopefully your question was answered.

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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