Past week I received a question from one person worried to receive an Eviction Notice:
“I’m really worried because I have not paid my mortgage in six months. Can a police officer or the sheriff come for me and my family to take us out?
My response was: Nobody can take out you from your home if they dont have an EVICTION NOTICE FROM COURT. Period. You have to know the eviction process under your state eviction laws, though. Some states are into a JUDICIAL foreclosure system and others into a NON-JUDICIAL foreclosure system. The website foreclosurelaw.org has everything you need to know about it.
Generally, this is the whole EVICTION process (some states put different names on each one):
1.- DEFAULT: This period is between the first 30 days to 90 days being late in the payment of your mortgage.
2. Notice of Default (NOD).- At 90 days late, you will receive a Notice of Default from the lender, asking for the payment or your house will be foreclosed.
3. Notice of Sale (NOS).- At 120 days late (most states) a trustee or an attorney will send you a Notice of Sale. In this letter, they must specify when will be the date of the FC sale.
4.- FORECLOSURE SALE (FC).- Depending in your state, it can take from 2 months to 18 months for the sale of your property after the NOS. All this time you can legally stay at your home without making payments.
5. Reinstatement.- After the FC sale, there is a period of REINSTATEMENT, where you can apply to stay more in your property with the reason to find a mortgage that qualifies you to repurchase the property. (It is in around 50% of the states)
6. Eviction.- In order to the new owner take you out from your home, it must be through an official document named EVICTION NOTICE. After the FC sale, you need to leave the property after 2 to 4 weeks depending in the state (some states take months for this), but if you didn?t get out from the property at that time, the new buyer of the property has to file a complaint in court, then an EVICTION NOTICE will be sent to you with a new dead line date, stating the sheriff will take you out from the property with all your family if you don?t leave. On the Sheriffs eviction, the belongings may stay at the property and you will not be able to take it out under the eviction laws.
Under your eviction laws, you are protected until the last day. A homeowner can stay without making payments to the mortgage until the last day of the eviction notice.
NO ONE CAN LEGALLY TAKE YOU OUT OF YOUR HOUSE WITHOUT A LEGAL EVICTION NOTICE FROM COURT. EVEN A POLICEMAN OR SHERIFF MUST BRING THAT EVICTION LETTER WITH HIM TO EVICT YOU.
Generally, you can stay at least 6 months, in other states you can stay even more time protected by the state laws. Check the Eviction Process and the Eviction Laws of your state.
My suggestion is that YOU NEED TO LEARN HOW TO AVOID FORECLOSURE. You definitely can do it by yourself. Don?t be scammed by companies doing this for you.
Disclaimer: You need to know that I am not a lawyer, or an accountant, or a tax counselor giving you lawful, tax or financial advice. This information is not a replacement for the opinion of a experienced lawyer. Even though I am a Financial Educator in the State of Arizona doing Real Estate investments, Business Coaching, Marketing Coaching, Credit Counseling, Foreclosure Prevention, Residential and Commercial Loans, Mortgage Training and Consulting since 2002, I do not say I am giving you legal counsel in this article to your explicit situation. This article is planned to instruct homeowners in failure of paying their mortgage. Nothing within this article should be interpreted to represent legal advice for your individual conditions. The information given in this article is presented only for individual information. Under no conditions this article stand for a legal counsel to market, purchase or keep any house.
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