You can expect an eviction if your home is sold as a result of a foreclosure sale. Whether the sale is by auction, or by a trustee’s sale, the eviction is the legal process by which a property owner physically removes a trespasser.

Evictions for renters are operated by strict contract law standards and the renter as a rule has more rights than the landlord. In many states, tenants may sue their landlord for breach of contract, possibly trouble and receive many times their monthly rent if they win the law suit. Several cities make it rather difficult to evict tenants for any reason. This is not the case with foreclosure evictions because the former homeowners are not tenants. Well-meaning people often tell foreclosure victims about experiences they know about where landlord law was involved. Again, this is not the case where foreclosures are involved.

Foreclosure evictions are handled slightly differently in most cities so it is essential that you contact the court issuing the eviction notice to determine what to expect. The individual who handles the eviction notice, or posts it on the front door as a rule is not the same person who will enforce the eviction. The eviction will be enforced by a representative of the court, often a county sheriff. From time to time, the person giving the notice will tell you that you “actually” have an extra 24 hours, but do not expect this extra time. Plan on being completely leave before the actual deadline.

If you are looking at being homeless, contact your local Red Cross or county housing agency for an area to stay temporarily and for cash if necessary. If you have the ability to rent a storage unit for your furniture, store it until you find a place to stay so you aren’t driving a rental truck around town searching for a place to rent. A bit of preparation is useful in evading tons of aggravation later.

The actual eviction may be operated differently, but as a rule an officer of the court (sheriff or policeman) accompanies the new owner or his representative, to the house and alerts anyone in the premises that the eviction will start in a few minutes. In this case, the owner’s representative is responsible for removing everything they don’t wish from the premises. The people in the premises are being evicted, not the things of the property! If the contents are junk or the owner doesn’t want any of it, it usually will be thrown into the swale or the street for sanitation to pick up. If the former owners are not in the premises, the stuff could still be thrown out or kept by the new owner. Take action to settle your foreclosure early or leave before the actual eviction occurs.

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