How long after a home is auctioned off does the former ownerhave to vacate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long after a home is auctioned off does the former ownerhave to vacate?
I filed a Chapter 7 and included my home mortgage. Auctioned is set in about 12 days from now. How long after do I have to vacate?
Asked on July 29, 2011 Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The answer to your question would be how long do you want to stay? If you want to voluntarily leave now or on the date of the trustee's sale? If you wait after the trustee's sale, you will either be asked to leave voluntarily with perhaps a keys for cash enticement and if do not leave voluntarily, most likely an unlawful detainer action will be brought by the new owner against you as the hold-over owner.
From a practical aspect, you should start getting your items ready for a move. If you fight an unlawful detainer action, you will be able to stay in the home longer, but in the end, you most likely will be ordered to leave by a certain date by the judge. If you fail to abide by the order, you could be physically removed from the home later on by law enforement.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The answer to your question would be how long do you want to stay? If you want to voluntarily leave now or on the date of the trustee's sale? If you wait after the trustee's sale, you will either be asked to leave voluntarily with perhaps a keys for cash enticement and if do not leave voluntarily, most likely an unlawful detainer action will be brought by the new owner against you as the hold-over owner.
From a practical aspect, you should start getting your items ready for a move. If you fight an unlawful detainer action, you will be able to stay in the home longer, but in the end, you most likely will be ordered to leave by a certain date by the judge. If you fail to abide by the order, you could be physically removed from the home later on by law enforement.
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 AttorneyPages.com 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.