That's right, we asserted our right's with the broker who was handled by the big banks of Fannie Mae about us being evicted. Our recorded lease was entered into the local courthouse WAY before the home even went into foreclosure and it wasn't a sweetheart deal and the home buyer, in this case Fannie Mae isn't going to occupy it as their primary residence. So, now what? We've been homeless for two months and are getting ready to move back in but what can we do? So many people broke federal law here and no one is acting like anything was done wrong.

I had only been contacted by my lender 1 time about my home that I had stopped making payments on because I was out of work. I called my lender and requested documents to do a loan modification. I never rec'd any paperwork and when i called to check to see why I hadn't rec'd any paperwork the gal who I spoke to on the phone told me my home was going up for auction sept 24th 2010 which would be 10 days from my conversation with her. I told her I didn't want to lose my home and wanted to try to modify my home. My house went up for auction and was not sold sept 24th. 2 weeks later I had a note on my front door that Fanny mae purchased my loan and now I need to work with a realtor that is representing them. He told me that my only option was "cash for keys" and said they wanted to offer me $2000.00 " and that I would need to be out in 7 days. I denied this offer because I travel for work and need like 2 months to find a place to move and get out of my home in between traveling now with my new job. If they decide to give me an eviction notice, how long do I have before I HAVE to be out??

Thank you!

I purchased a home fron a " Notice of Trustee Sale" in front of the County door steps. Title has been recorded. The home was used as a rental. I have offered to rent the home to the current renters and they have not responded, I also became a ware that they have not paid rent in over 1 year. What action do I( need to take to evict them?)

I am going through a devastating divorce and have many animals (dogs and cats) that husband abandoned onto me and my home is to be auctioned off and I can not do anything about it since my name is not on the loans and my husband took out all the equity in anticipation of divorce . I was given the auction date and the price the bank has stated on the notice of sale. I would like to know if the bank would consider a cash offer of a buyer prior to the auction date is the buyer is willing to pay off the auction list price in Cash, sooner than the auction itself. In essence would the bank consider a cash buyout up to the trustee sale price noted on the auction notice. I live in California near los angeles. Is there any way i can buy my own home back if i have a buyer pay the auction amount in full prior to the auction?

My foreclosure date is set for tomorrow. Oct.5, 2010. I have had no notice etc. I found out through junk email. My mortgage lender is Everhome Mtg. out of Florida. Please explain to me what is going to happen to me & my mom. I am a 50 yr old on SSD because of my home being improperly built to start with. The mortgage home is a broker of my builder. They have not helped me one bit. I feel because of a law suit against the builder I am being bullied into losing my home. Just please explain to me what is going to happen to me tomorrow.

On the day of the Trustee sale, which was at 2pm, A fleet of four pickups with burly construction types showed up around 3pm to my house and started changing the locks. I was out at the time and when I got back I was blocked from my own driveway.

There was a festive air as the guys all stood around smoking cigarettes and sharing in foreclosure stories. I felt violated. A real estate broker working for the buyer told me I was entitled to get my things and I could arrange to get back in if I called for an appointment.

I had not moved yet and was still living in the house.

Because of all the burly guys present, I did not feel I could insist that they leave and because their trucks were blocking the driveway.

I asked to come back the next day.

It turns out that they then occupied the house by putting two migrant workers in there to camp on the floors.

These two men drank the alcohol and then proceeded to throw all my possessions into the garage in a huge pile complete with the construction garbage as they trashed the house.

I tried to salvage a few things, but could not get enough access to the pile in the short amount of time I still had. I said I would come back later.

I noticed that one of the guys was using my printer, and had made use of several items of mine.

When I came back a couple of days later, all my stuff was in the bottom of a dumpster with debris from another house piled on top.

I was allowed to go through it but it was completely impossible to get into the dumpster without emptying it onto the driveway.

I feel violated. It has been a few months now and I am over the emotional trauma of the foreclosure, but I feel what happened to me was not right.

Was my eviction legal? What remedies do I have?

I bought a home in Florida at an auction. Home was foreclosed by bank on June 6-2011. Tenant does not want to leave. Please let me know what I should do...

What is the process for getting the seller to move out so that the new owner can take possession? Escrow closed, seller had 3 days to move out and will not be out?

My daughters home is being forclosed on. Her daughter and grandchildren have been living there for over a year. Will she also need an eviction notice ?
EH in CA.

I was foreclosed on june 18 and the eviction judgement was last Friday. Ca i still sue the bank? It was not fearly treat during the revision.. What can I do? This is Utah.

Please tell me HOW MUCH more time we might have left in our home, until it is NOT our home anymore, as it is scheduled to be sold on 10/05/10, at 10am, online per the foreclosure sales by the county court.
Judgement was given against me on 6/3/2010, and the judge was made aware that our mortgage company, Bank of America, was 'trying to work out a modification' with me, and he gave us until October 5, 2010, to sell the house. I am STILL waiting for an answer from them (BofA), even after having submitted THREE times since the court date, new docs and letters and whatever else they demanded; to date, I have no clue and NO modification. It doesn't surprise me, as I have been in THREE 'trial' mods with them over the last year previously, with NO answer then!
We need an additional amount of time to move, if possible. I am a single mom with one kid in college and one kid in school.

Is there 'any time left' after the sale date for us? Or, as I am fearing, are we going to come home and see all of our stuff on the front lawn?

Please help me to understand the timeline here. I read your answer below about 'time after eviction', but I still don't know if it applies to me or not.

Thankyou for your time.

my home was sold to a forecloser binifisher today how much time do i have before my family and i have to move out?

our home was foreclosed on Dec. 1, 2009. The current owner just had the loan ratified within the past 30 days. We have a place lined to move but it hasn't been approved yet. We have not received an eviction notice from the owner. Can the new owner forcibly do work in or outside of the home while we are still living here? We are located in Maryland.

I am a tenant in a property that was recently foreclosed upon in California. My lease was created prior to the foreclosure filing (notice of default) and I have 2.5 years remaining on my lease. I have discovered that the mortgage holder is wells fargo and it is also a fnma owned mortgage. Under the federal law it seems that I have the right to complete my tenancy (2.5 years left). The foreclosure sale resulted in the lender (wells) now owning the home. The landlord/former owner was served, at my door, with a 3 day notice. I have notified them that I am the tenant and plan to stay for the term of my lease. Do you think they will abide by that under the federal law, or will I be forced out or forced to sign a new lease with Fnma? I do not want to sign a new lease, I just want to pay my rent and continue to live in the home. What are your thoughts?

I live in Colorado. If I purchase a foreclosure at auction, can I evict the tenants after the redemption period, or do I have to honor any lease they may hold? If I can evict them, am I required to give them a certain period of time to vacate the premises?

Oct-put offer in on short sale. April 30th-BofA finally approves the sale. May 4th the seller and/or real estate agent, who turns out to be the sellers step-father,moves a family in the house. May 7th at the inspection I'm told by the family that they have a month-to-month lease and pay $650/mo, my PTI will be just under $1200/.mo btw, and they were told that they could stay for the summer because even if the house was sold they would still have 30 days! Some nerve! the agent from Charles Rutenburg has assured my agent it won't be a problem, they'll leave peacfully before closing, don't worry. My lender found out about the situation and asked the seller for proof of cancellation of the lease. He wrote a letter stating that the family were "house sitters" and would be relocated on or before closing. Closing is next week and they show no signs of leaving. How will I get them out and what kind of time could I be looking at? Is this legal for them to do?

California-My story seems to be the same, as everyone else's. I'm renting a house that was purchased at an Auction. This will be short, as would have been 3 stories, in the 2 days that it occurred. The house was purchased on 06/02 and the Notice to Vacate was placed on the door of the property on 06/03. The Property Management attempted to threaten me with a 3 day notice on 06/02…I reminded her of my rights.I asked her to come back tomorrow, so that I can look into the REST of my rights. Then she said she was going to proceed with an eviction notice. Well, she proceeded with a Notice to Vacate Property on 06/03/2010. There was no attempt to serve in person.On the notice someone has handwritten the following, “Rent starts 06/02/2010 in the amount of $1500 per month & starts 06/02/2010. Send or pay rent @ (address listed). Rent commences 06/03/10.”
A representative for the Investor and the listed Owner arrived at the house to negotiate a price of $1500.00 for me to move out sooner, with the Investor on the phone. I asked for 2 ½ weeks. The Investor then asked what it would take for me to move out in a week. I responded $2500.00. Then the representative asked if he could see the property. I denied his request, as I was uncomfortable with the fact that I have not yet confirmed the Trustee Deed with the County’s Recorder’s Office. The phone was then handed to me to speak with the Investor. To summarize the conversation, he accused me of being the Owner, simply because of the questions I had regarding the Deed of Trust. (The World Wide Web, is a VERY resourceful tool). And asked for an additional day to confirm the copy of the document the rep brought. The call ended with the Investor and I asked the representative for a copy of the document—he called the investor back…Took his information back from me and told me that they were going to go through the court and NOT to call anyone (the rep, the investor & the property management he was going through) in regards to the property.
I’m a willing tenant to resolve this as quickly as possible, to avoid court costs, attorney fees and time. It seems as if they want to go through the courts, in spite of my knowledge.
~On the Notice to Vacate—can they demand rent on the document, in writing?
~Will the new owner have grounds to evict me if we have not mutually agreed on rental payments? (I’ve paid the previous owner for the month of June, at the end of May).
~Since, I’ve paid to live in the property in the Month of June, do I have to pay the new Owner?
~When is a Trustee Deed in effect? Does it HAVE to be recorded at the County’s Recorder’s office, immediately? San Joaquin County’s office states that the information is recorded when it is brought to the office.

We had a repayment schedule made with the bank. Paid 3800 and received letter of schedule. they said it would take it out of foreclosure, and cancel sale date of May 10. Well, they sold the house! WTF. BAC is giving us the runaround and keeps transfering us and not holding their end of the deal. They said they were going to rescind the sale. well, we were served w/ a court date yesterday for unlawful detainer.
Nothing is getting done and I am tired of them passing the buck. Is there anything we can do? Can we sue them because we have this repayment documentation and they didn't follow thru?

we recieved a writ of posession at the same time we recieved a notice saying the property was forclosed, we were only 2weeks late on rent. It is not our name on the notice under defendent, but we ARE written in there. My name was never on ANY lease, yet my name is on the notice...We were rushed out of the house and not given 48 hours to get any of our possessions. the had us give him money to " hold our things for us " ... we did..three days later the man said we could go there to get our entire life out of the house.... ( without him calling the police ) and there were new people living there. They said they had been looking at the place for 2 months.

we only lived there for 3 months. we recieved no prior warning.
I dont know who evicted us, him or the bank that owns the house... but if so.. ( it has four units ) why are the other people still there?

did he have the right to go in and take what he wanted without letting us go back until all valuables were missing?

the man cleared out our frige for goodness sakes!

EVERYTHING we owned was left behind,am I stupid to think that I can sue him for some sort of wrong doing? nothing seems to be adding up to me.

Seems alot is wrong, ... right?

I was just served a notice to Vacate, by the Sheriff. Lender received property back in Trustee Sale. I was never served an unlawful detainer....I am assuming the owner did. He live in another house next door. He is terminally ill and his wife does not speak English. I have 5 days to vacate. I have a lease. How do I stop this?

Hello,
My mother rents an apartment in a house that has just (4/14) had a notice of a Sheriff's sale for forclosure posted. The sale is scheduled for 6/7. She lives in PA. What are her rights and when does she need to be out of the property. She has not heard a word from the landlord. I am a bit confused by everything I am reading.
Thanks, Anonymous

I have been working with my mortgage company for several months trying to get a loan modification. The property is occupied by tenants who's lease has been up and they've been paying month to month. A couple of weeks ago a letter was posted on their door with an auction date and I explained the situation. The loan modification company is able to modify my loan and they gave me a verbal confirmation that the sale date is no longer in the system. Today my tenants lawyer called me to advise they will no longer being paying the rent because public record is still showing an auction date. Now that I am able to keep the home I would like for them to move out, but not sure where to go from here in regard to providing them with an eviction notice. Any advice would be much appreciated.

Thank you in advance,

Landlord in CA

My home has an auction date of March 31, 2010. I am on the process of modifying my mortage. The bank has not postponed the auction until everything gets through their system. I want to know if I should leave this house before the auction or can I stay until we get an eviction notice. We really need time..

thanks for you help

Our house is being foreclosed. The foreclosure auction was on 02/11/10, we went to the house today 02/21/10 to finish grabbing the remainder stuff and found that that the locks had all been changed. We were given no eviction notice, nor did the bank contact us in anyway about changing the locks. Is this legal? Who can we contact about getting our stuff?

My parents were renting a home for over five years. The house went into foreclosure. The realtor that was contracted by Fannie Mae sent a letter which needed a response; but it was sent in regular mail and addressed to "occupant" (according to the realtor). My mother did not receive it - and if she did she mistook it for one of those spam letters about wishing to purchase the home and threw it away without opening it. Shouldn't something like this be sent registered or certified mail? The realtor said it was possible the landlord picked it up out of the mailbox (he collected rent from my parents through the entire foreclosure process).

The end result was they just went through an eviction. Within 24 hours we were able to pack most of their things in boxes, hire movers and rent a home but most of her belongings went to the front yard. The "crew" hired by the realtor weren't movers but just a "labor ready" crew that did not use care with personal belongings. Furniture was broke, all their food was smashed on the driveway, memories were lost. We had a paid moving crew there, moving things out but because they weren't finished by the time this crew showed up they made us stand at the street, unable to access the house while these people distroyed many of the things aquired through a 36 year marriage. Many things are broken or lost.

Is there any kind of legal recourse? Why wouldn't a notice that required response be sent via registered or certified mail? How is it lawful to smash and ruin personal property?

We lost our home to Trustee Sale Jan 11 that reverted back to IndyMac / One West Bank.

1. They offered us a Cash for Keys on Jan 22 and we countered their date to leave.
2. They sent an Eviction notice on Jan 25, 2010 to vacate by Jan 29.
3. We made an agreement regarding the Cash for Keys and signed on Jan 27 to be out and do a walk through for Feb 15, 2010. (We have this in writing and recorded the phone calls to both their Attorney and RE Agent).
4. On Feb 06, 2010 we got a Summons from the bank that they are suing us for NOT being out on Jan 29, 2010.

They are claiming, among other things, we are; "...presently in wrongful possession of the property as tenants by sufferance against Plaintiff's consent. Defendant has failed or refused to surrender possession of the property after receipt of plaintiff's written demand for possession and is guilty of forcible detainer."

Furthermore, they asking the court for Judgement to make us leave, Attorney fee's and court costs of not less than $500.

We live in Arizona, and if I am reading the Court filing fee's correctly we have to pay $208 to Answer the Summons. I want to CounterSuit for the Cash for Keys Sum because now I do not trust them at all and we were already very leary before this. Our court date is Feb 16 2010 (the day AFTER the walk-thru date).

Am I understanding that correctly that in order to Answer the Summons Forcible Detainer after Trustee's Sale and file the Countersuit it will be $208? Why would they take this step when we have been very cooperative with them and taken good care of the house?
Signed
Dazed

We were given a 30 day courtesy notice of sale by realator.We havent been served with an eviction notice yet, Does the new owner have to give an eviction notice or can we be locked out? The Realators are theatening lock out and we have'nt been given an eviction notice at all by anyone! What can we expect to happen we just need 2 more weeks to move.

Hello i have lived in a rented home for the past 12 years, i have recently recieved notice from my Landlady that the house is being foreclosed on, the sale is Jan 25th 2010, is there any way that i can remain in the home? if not how long do i have to get out before the sheriff shows up?Thank youSheila

We carry the contract on a piece of property. His bankruptcy was final Sept 27. For whatever reason our attorney filed the foreclosure on Oct 16 - it will be final Jan 16, 2010. We sent a letter to the "former owner" in Oct stating he needed to be out Jan 1. He said he'd stay until forced out. We need him out ASAP as the place is a disaster and we want to move in. Can we file the Forcible Entry and Detainer now? Can the eviction date precede the final foreclosure date? During the bankruptcy he signed a surrender of property back to us.

I have been reading all the comments (Q and A), and the answers have been really helpful. I just don't know if this applies to Texas laws. I am talking about how long it takes after the Bank sells at Court House steps. It is set for December 1, 2009. So, I uestion would be how long do we have to move after the sale? This is really bad.. My husband finally got a new job a little too late. He starts Monday and foreclose is Tuesday. If they only knew all the things wrong with this home. Sewing Pipe underneath the home busted..along with foundation problems...and the esthetics of the home need to be redone. So there are a lot of repairs issues and they will be upside down.We get paid the day after the foreclosure date, but the homes renting in this area are for outragious prices, plus you have to have great credit. We just don't know what to do. Can't afford bankruptcy.....I will not let anyone from having a great Thanksgiving....what do I do...I don't want my credit to suffer any more than it already has? PLEASE HELP!!!!!!!!!

We are in our 1 year redemption period and living in the home. Obviously, we could choose to be out before the one year period is up. But what happens if we choose to wait? Will we get an eviction notice with another 30 days to leave? Or will the sheriff just show up on that 1 year 1 day mark and remove us? We have a FHA loan that was recently turned over to Bank of America as our original lender was closed down. Is there any chance they won't notice that we are still here? I would hate to give up free rent if there is a chance we could have more time. (We are in MI if that means anything)

While I was in the process to try to modify my mortgage with the servicer I fond out that they have scheduled the house to be sold at auction and was sold, even though I recieved a notice of sale few months ago and the sale was postboned due to the modification process, I was not not notified about the final sale date to protect my right and stop the sale up to 5 days prior to the sale.what right do I have?I have a kid and can not just move out like that unplaned, how long further can I stay in the house legaly?thanks

We are in California in a single-family, non-owner occupied residence. We have an executed 2 Year Residential Lease Agreement in hand from the current owners of the rental from whom we were leasing-option-to-own, with a monthly payment of $1,150. Foreclosure process has started against the owners and the rental is on auction as of this Monday, November 9, 2009. As the current tenants, we paid our deposit of $1,250, invested $1,750 for the lease-option-to-own, made improvements into the place since we moved here which we were supposed to receive as credits on the back-end when we would purchase it from the current owners.FACT: We are not in a financial (credit/down/cash) position to purchase the rental that we are living in, today.What we do know is that IndyMac is servicing the 1st mortgage and Wells Fargo is the lien holder on the 2nd mortgage. What are the chances that we would receive a "cash-for-keys" offer. We've heard that offers up to $5,000 for 30 days, up to $3,500 for 60 days, and nothing offered if we stayed throughout the entire 90 days in California... as long as it is a Freddy or Fannie loan? Does this apply to all mortgage institutions and not just those guaranteed by the Federal Government? As it is, we aren't going to see the $3,000 + improvements back from the current owners AND we have to move into another place which will require a new deposit, plus the costs entailed with moving and taking the time to do so.Knowing that the current owners are losing their other rentals as well, we're not sure if there are any recourse that we can start against them for having continually take our monthly payments while they did not make the mortgage payments and uphold their end of the Residential Lease Agreement (leasing-option-to-own). Is there a chance to get those funds back from them or from the mortgage company or from the new owners? We're thinking they will end up filing for bankruptcy after all of this; however, we feel what they did was criminal, or negligent at best.Thanks for any help or advice you may offer.

the apt we are renting is being foreclosed upon and the auction is nov 19th. how long do we have as tenants to live in the place after that before being evicted ? (90 days?). also, how long after the auction will the '90-day period' start if in fact that is the case?

im currently in a house thats in forcloser the landlord says im not a tentant, i have a lease and everstuff what are some web sites i can research my rights?

I received a NOS on June 5th. After submitting a file for modification 5 times (the bank said they lost it everytime. I eventually found out how they profit from Obama every time its submitted). Anyway, the day b4 the NOS I was able to strike an agreement. I have made 3 payments and was late on the last by one week. I received a letter saying the deal was cancelled because of my late payment and they were proceeding with foreclosure. A week later (two weeks after due date) I noticed a man in my garage, he said he was an eviction officer and they bought the house at auction yesterday. I said thats impossible with the belief they would have to serve another NOS, but subsequentially found out they can sell any time after the original NOS, EVEN if they are collecting money. I have lived in my home for 3 years, so from your info above I assume I will be served a 3 day eviction, then w/o leaving, he will file a unlawful detainer for 60 day eviction. Is this correct?. My main question is I have to file bankrupcy anyway, and I understand that a BK "stay" will be issued and will pause the eviction until the BK is settled. When is the best time to file for maximum time in home. I have two kids. After 3 day and b4 unlawful detainer? After unlawful detainer being served but b4 5 day (?) time to respond? Before 3 day? Thank You.Regards

ok... I am renting month to month and the house im living in is set to be auctioned off November 6th at the court house. I am not quite sure what to do here... I have been looking for another place but I have been unsuccessful as of yet. Do you think that the bank might offer me some money for the keys? I do need a little help moving I am a single mom with 3 kids. Also, I was still paying rent after the foreclosure process started does my landlord owe that back to me? I thought it was illegal to collect rent on a property in North Carolina that you're not paying the mortgage on? Please help I need some sound advice.

We (thought) we purchased a home in 2007. Our credit was a not bad but not enough to qualify for a home loan. The realtor agent offered to take the $21,000.00 down payment, apply it to the purchase and keep the mortgage papers in her name until we qualified and could put the mortgage in our names. Until then she we were to have, papers signed and notarized giving us legal rights. There was always an excuse to not to sign and notarize any paperwork showing us having any legal right. She never authorized us at the bank to have any contact with them for any reason allowing us access or communication with the lender. Even if we wanted to make a payment online or by phone, we could not due to not being authorized.Now two years later after paying the mortgage she told us she gave the house back to the bank and bank will no longer accept a check from us to pay the mortgage. Tomorrow it goes up for a trustee sale the only proof we have is the $ 21,000.00 payment made to the mortgage co. in the form of a money order. There was no rental contract or lease agreement because of course we thought it was our home. What if anything can, we do and what happens to us after the auction sale tomorrow? How long do we have to vacate? She also has all our escrow paperwork from the sale of a piece of commerical proptery we sold, that gave her a very large comission, and will not give it to us.When we call her she just hangs up on us.Please advise.

We just received a notice of foreclosure on our home. We did refinance in 2005 on this home. If the house does not sell for enough to pay off the loan and we are given a deficiency, can they go after our 401k pension to collect this deficiency debt?

My parents home was in reverse mortagage and they have both died. I am unable to refinance the home and I have recieved a Notice of Sale at auction. I am unemployed and have two children. My question is the same, who long do I have to move out.