Eviction is the final step in a foreclosure sale. It is a court-supervised procedure used to remove from a property those who are currently is possession of it. Evicting previous homeowners is usually straightforward, but the eviction of tenants is a sensitive issue, as it often affects vulnerable groups that struggle to find suitable housing.
Foreclosures and evictions are two separate procedures. Some owners may confuse the Note of Default or Note of Sale of a foreclosure as eviction orders. However, lenders cannot evict the owners of a property until they complete the foreclosure sale. Once a property forecloses, the new owner is entitled to take possession of the house. Specific laws regulating the timeline of a foreclosure eviction vary from state to state and depend on whether the home is occupied by the former homeowner or a tenant
Foreclosure evictions vary from state to state, and depend on whether the foreclosure follows a judicial or nonjudicial path. Judicial foreclosures have the eviction included in the same lawsuit, but the previous owner cannot be evicted until the redemption period—up to one year—ends. Nonjudicial foreclosures require a separate action to evict the previous owner. If the three-day notice expires and the occupants do not leave, the owner must file an unlawful detainer, the same action used to evict tenants. Once the unlawful detainer lawsuit is filed, the occupant has five days to respond. If the occupant does not respond, the court can provide a judgment for possession within 10 days, which is then forwarded to the county sheriff for execution. If the occupants do respond, a trial is scheduled within 20 days. If the court confirms the eviction, the order is then passed to the sheriff.
If the foreclosure eviction is against a tenant, the law provides the tenant with extra protection. The exact rules vary from state to state. Some states, have eviction and rent control laws which provide additional protection to tenants of certain areas and properties. These laws forbid new owners from using foreclosure as a reason for eviction.
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