How long after a home is auctioned off does the former ownerhave to vacate?

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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 9 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 9 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.

 


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