Eviction: What to Expect After a Foreclosure Sale Is Final

If the previous owner has not left the property after foreclosure, eviction will be the final step in the process. A court-supervised procedure that removes those with no claim to the property, eviction is a generally straightforward yet sensitive issue as the removed homeowner may not have yet secured housing.

According to California business attorney Matt Dickstein, “Eviction cases take a minimum of 1 ½ months to finish, from pre-complaint notice to sheriff lockout of the occupant. The minimum time applies if the occupant does not answer the complaint and you take a simple default. If your occupant raises defenses or files in bankruptcy, however, the eviction will take many more months and cost a few thousand dollars more.”

Protections for Tenants

Federal and state laws, as well as city ordinances, protect tenants living in a home that has been foreclosed from eviction. In San Francisco, for example, landlords must have a just cause to remove tenants; foreclosure is not regarded as a valid reason.

According to the Civil Law Self-Help Center, for instance, in Nevada, “if the house you bought is occupied by tenants who were renting from the former owner, there is a Nevada law that protects the tenants.  NRS 40.255 requires you to serve the tenant with a notice of change of ownership. The notice must typically allow the tenant to stay on the property for sixty days.”

Notice Period

The notice period for tenants in foreclosed from state to state. Some states allow tenants to stay until the end of their lease.

In Massachusetts, for example, “New owners after foreclosure must give most tenants at least 90 days’ notice or until the end of their lease before starting the eviction process in court. If the new owner is not a bank it does not need just cause to evict you. But you still have the right to a court hearing where you can defend against the eviction,” according to the Massachusetts Law Reform Institute.

Eviction: What to Expect After a Foreclosure Sale Is Final

If the previous owner has not left the property after foreclosure, eviction will be the final step in the process. A court-supervised procedure that removes those with no claim to the property, eviction is a generally straightforward yet sensitive issue as the removed homeowner may not have yet secured housing.

According to California business attorney Matt Dickstein, “Eviction cases take a minimum of 1 ½ months to finish, from pre-complaint notice to sheriff lockout of the occupant. The minimum time applies if the occupant does not answer the complaint and you take a simple default. If your occupant raises defenses or files in bankruptcy, however, the eviction will take many more months and cost a few thousand dollars more.”

Protections for Tenants

Federal and state laws, as well as city ordinances, protect tenants living in a home that has been foreclosed from eviction. In San Francisco, for example, landlords must have a just cause to remove tenants; foreclosure is not regarded as a valid reason.

According to the Civil Law Self-Help Center, for instance, in Nevada, “if the house you bought is occupied by tenants who were renting from the former owner, there is a Nevada law that protects the tenants.  NRS 40.255 requires you to serve the tenant with a notice of change of ownership. The notice must typically allow the tenant to stay on the property for sixty days.”

Notice Period

The notice period for tenants in foreclosed from state to state. Some states allow tenants to stay until the end of their lease.

In Massachusetts, for example, “New owners after foreclosure must give most tenants at least 90 days’ notice or until the end of their lease before starting the eviction process in court. If the new owner is not a bank it does not need just cause to evict you. But you still have the right to a court hearing where you can defend against the eviction,” according to the Massachusetts Law Reform Institute.

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