What
is Foreclosure Eviction? What is the process of Foreclosure Eviction?
Have you ever gone through an eviction due to your foreclosure or
your landlord's foreclosure? Well, you have rights when it comes to
evictions because of foreclosures.
What is an
Eviction?
Eviction
is the final step after the foreclosure process is complete, or after
a foreclosure sale. Foreclosure is a procedure supervised by the
court in order to remove those currently in possession of the
property. Eviction of the previous homeowner is one thing. But, the
eviction of tenants renting a property that's gone through
foreclosure is a tricky process. That's because it affects those of
lower stature that are struggling to find the most appropriate
housing.
All
tenants have rights. There are local and federal laws that have been
put in place to protect tenants. For example, in San Francisco, CA
there is a “just cause” which states that if the landlord of the
property is covered by the city’s rent ordinance, they have a
greater motive for pursuing an eviction. A property that changes
hands because of foreclosure is not a valid reason for “just
cause.”
Foreclosure
vs. Eviction
Evictions
and foreclosures are two separate procedures. A foreclosure is the
act of repossession because of an unpaid mortgage or property taxes.
An eviction is the removal of a tenant from land or property through
a legal process for nonpayment of rent. Many foreclosure tenants have
been confused by the “Note of Default” or “Note of Sale” of a
foreclosure as an eviction notice.
Foreclosure
Eviction Timeline
The
new owner of a foreclosed property has the right to take possession
of the property. However, there are specific laws that regulate the
timeline of a foreclosure eviction. This may vary from state to
state, depending on whether or not the home is occupied by the
previous owner or a tenant. In the state of Washington, for example,
the previous homeowner or current tenant has 20 days to vacate the
property after a foreclosure. The purchaser will have the right to
file action for eviction or Unlawful Detainer if the previous owner
or tenant does not vacate the property within this time.
In
accordance to California’s Department of Real Estate’s
Homeowner’s Guide to Foreclosure in California, a homeowner should
not make plans to move out of their home until after the foreclosure
sale and eviction process is concluded. In the case of tenants, the
eviction process can be prolonged because the foreclosure is not the
fault of the tenant.
Eviction
Process
Each
state has its own procedures for foreclosure evictions, which depends
on whether the foreclosure takes the path of the judicial or
non-judicial process. A judicial
foreclosure
is when the eviction is within in the same lawsuit, even though the
previous owner has the right to stay until the redemption period
ends, which can be up to one year. A non-judicial
foreclosure
requires action of its own in order to evict the previous owner.
Once
the 3-day notice expires and the occupant does not leave, an
Unlawful Detainer must be filed by owner. This is the same action
used to evict tenants. After an Unlawful Detainer is filed, the
occupant will have five days to respond to it. If no response is
made, the court can make a judgment for possession within 10 days.
Then, the eviction paperwork is forwarded to the county sheriff for
completion. If there's still no response from the occupant, a trial
is set forth within 20 days. If the court rules in favor of eviction,
the order is then passed and carried out by the sheriff.
Foreclosure
Evictions and Tenants
When
a foreclosure eviction is ruled by the court against the tenant,
there is extra protection that the law provides. Foreclosure tenant
evictions laws vary from state to state. In the state of California,
for example, tenants in good standing with rental payments on a lease
agreement can't be evicted until the rental lease expires. When a
month-to-month rental agreement is used, the new owner has to give
the tenant a minimum of 90 days before the eviction process is
started. This is in accordance with the Protecting Tenants at
Foreclosures Act of 2009.
Eviction
and Rent Laws
In
some states there are rent and eviction laws that provide additional
protection to tenants being evicted due to foreclosures, depending on
the area and property type. These laws reject the new owner from the
abuse of using foreclosure as a way to evict the tenant and start
fresh. For example, on the California Courts website, there is a
database of rent-controlled properties that one can use as references
to find out if a property is rent-controlled or not.
How to Stop Foreclosure Evictions
If
you want to find out in more detail how you can stop a Foreclosure
Eviction in the state of California, check out the ebook “How
to Stop Foreclosure Evictions.”
This will give you a first-hand look, based on personal experience,
on the
rights that you have to stop an eviction related to foreclosure.
Posts
