What is the eviction process after foreclosure?

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What is the eviction process after foreclosure?

I am not so sure what the eviction laws are for foreclosures, especially in my case. Our home was sold at auction a few months ago and the new owners wanted us to sign a year lease starting on the beginning of last month. We didn’t know what to do, move out or sign, and our financial situation is dire. After the landlord threatened to call the cops and throw us out on the next day, I went and got the lease but haven’t signed it yet. First off, can the landlord actually throw us out the next day? He called us trespassers for not signing the lease and owing rent. We’re still receiving mail and the utilities are in our names. Just wanted to know if: (a) doesn’t he have to get a court order to evict? and (b) how long would we have to move out?. We just need some time.

Asked on January 3, 2012 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have lost your home in a foreclosure proceeding, the new owner can immediately seek to have you evicted from the property in that you no longer have a legal right to remain in the property since you no longer own it.

The new owner will most likely have to file suit against you for an order to have you evicted by way of an unlawful detainer action. Most likely the time from service of the summons and complaint on you up until you get a court date will be roughly 30 to 45 days.

Assuming the court orders you to move, you will most likely be given 5 days from the date of the order to get your personal effects in order.


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