Ifour home is set for an auction sale in 2 weeks, how long until we have to move?

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Ifour home is set for an auction sale in 2 weeks, how long until we have to move?

I have received notice of the sale. I am just returning to work from short term disability and have an autistic child. Moving right now is just going to be a lot to handle.

Asked on November 19, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your home is the subject of a foreclosure sale in two (2) weeks, usually the former owners are given notice after the sale about a need to move within several days after the sale by the new owner (assuming there ia an actual buyer and the lender does not take title to the property).

If the lender takes title to the property, there have been occassions where the lender does nothing for months to have the former owners to move out of the premises. This has been a general practice in California trustee's sales.

Possibly the new non-lender owner my make an offer to you to move out for some cash in exchange for the keys to the property. If you do not move out right away, the new owner will be forced to bring an unlawful detainer action against you first in the court system which could take 30 to 45 days to conclude. In the meantime, I would start looking for alternative housing.


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