House being auctioned, how long do i have in the house.

UPDATED: Oct 1, 2022

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House being auctioned, how long do i have in the house.

My wife and our children live with my
mother and have for the past 8 years.
She died last year and the mortgage
hasnt been paid. It is now being
auctioned this month. How long can i
legally stay in the house before we need
to move out?

Asked on April 3, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

That is up to whomever buys the home at auction: they may be willing to rent to you for a time. They may be willing to at least give you some time to move out. They may have other things "on their plate" and not take action to remove you right away. Or they may aggressively act to remove you as soon as the sale closes.
If they want to get you out, they have to do so via a legal action (traditionally called an action "for ejectment," though your state may have a different name for it). This will usually take around 1 1/2 to 3 months once they start the process. If you assume you may need another place to live around 2 months after the auction (unless you come to a different agreement with the buyer), that is reasonable assumption and basis for planning.

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 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.

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