How much is the minimum notice to vacate in a court ordered trustee sale?
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How much is the minimum notice to vacate in a court ordered trustee sale?
My former spouse took me to court and was awarded a court ordered trustee sale of our house, where I currently reside. After 8 months an offer came in, was ratified on 6/14 with a settlement date of 7/8. I never received anything in writing from the trustee about this. The date was changed to 7/15, but still nothing in writing to me. An email from the listing agent on 6/28 alerted me to this date for the 1st time. Yet nothing from the trustee. 16 days isn’t much notice to vacate and a rent back should been added as a condition of contract acceptance to give me time to schedule movers and locate housing.
Asked on July 13, 2011 under Real Estate Law, Maryland
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your question regarding minimal notice is somewhat hard to answer because each State in this country has certain notice requirements for vacating post a trustee's sale.
Until the trustee sale occurs, the person who is delinquent on the property that is being foreclosed upon technically is the property's owner and is entitled to stay in the property even though the mortgage is not being paid timely or at all.
It is after the trustee's sale when the the former owner must be out of the property because there is a new owner. When this occurs, depending upon the State where the property is located, the new owner can serve an eviction notice for the former owner to vacate the property setting forth a reasonable amount of time to leave, if the time passes and the former owner still remains, an expedited lawsuit most likely would result where the former owner would be ordered by the court to leave the premises.
Hopefully your question was answered.
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