If my house is in forclosure and due to go to auction next month, how long will I be able to stay in my house after the auction?

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If my house is in forclosure and due to go to auction next month, how long will I be able to stay in my house after the auction?

Asked on April 7, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Once the home has been foreclosed, you will no longer be the owner or have any possessory rights at all. Whomever the new owner is--e.g. the lender, or someone else who buys the property at the auction--would have  the right to immediately bring an action (called an "ejectment" action) to remove you from the property.  Such an action would normally take anywhere from several weeks to several months to come up for trial, depending on how crowded your court dockets are and how aggressively the new owner tries to push it along--therefore, the new owner could immediately begin the process of removing you, but it could take up to a few months for the process to play out.


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