Monday, October 29, 2007

Leaving After a Foreclosure

Question: I am losing my house in foreclsoure. After the foreclosure the sale, will I get some kind of notice to vacate or is the sale date the date to be out by?

: After the foreclosure say, the new owner will serve you with a Notice to Quit if you are still in the property. It is a 3-day notice if you are the former owner(s) and a 30-day notice if you are a tenant of the former owner(s).

If you still have not left after the expiration of the notice period, the new owner can file an eviction lawsuit against you to get and order for the Sheriff to remove you. Eviction lawsuits can take a couple of weeks or longer depending on the particular aspect of the case.

About the Author
Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.


Anonymous said...

If you quick deed a home loan to get it out of your name and your a co signer, are you still liable for the debt of the orginial loan?

Carl Starrett said...

Your borrowed the money and are still ulimately responsible for making the payments even though the house is no longer in your name. Failure to make payments and a foreclosure will still harm you credit.