What is the eviction process after home foreclosure?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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