What is the eviction process after home foreclosure?

UPDATED: Jan 9, 2012

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What is the eviction process after home foreclosure?

Home sold in sheriff sale and retention period is coming to an end. What happens if I don’t leave on the day I am supposed to? How long does it take if the lender files for eviction? I tried to find out who the listing agent is to see if they would do a cash for keys but the lender refuses to tell me who that is.

Asked on January 9, 2012 under Real Estate Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you lost your home in a foreclosure, most likely the new owner will contact you seeking that you voluntarily leave it. If you refuse to leave it, the landlord can very well file a legal action to have you removed as a trespasser.

If you fail to vacate after the court issues an order for you to leave, the landlord can have the court issue an order to the sheriff to go into the unit and physically remove you from it.

If you leave the day you are supposed to leave, most likely the landlord will forget about you. The time for the new owner to file the action for an eviction as to you and a possible order for you to leave depends upon if a default is taken against you or not. If there is a default, you could be ordered to leave within 10 to 15 days after you were served with the summons and complaint assuming the new owner promptly gets a court order for your eviction.

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 AttorneyPages.com 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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