Legal Eviction Procedures

After the gavel has struck at a trustee's sale you need to leave your home. The new owner can start legal eviction procedures, which can only take a matter of days.

After a judicial foreclosure you cannot be evicted during the redemption period. Redemption is discussed earlier.

If you don't leave your house after it sells at a trustee's sale, the lender can have the sheriff evict you through a process called "unlawful detainer."

The unlawful detainer process is the same used by a landlord to evict a tenant--you are now a holdover tenant in the lender's house.

Ask for time to move out

It does not hurt to ask for extra time to move out. If you have taken fairly good care of the house, the buyer may keep you on as a caretaker until the buyer's plans for the property can be finalized. If the buyer wants to remodel for instance, it could be several months before plans are approved. During that time the house will be vacant and an occupied house is less likely to be vandalized or have other problems.

What is a notice to quit?

The purchaser at a foreclosure sale must serve the occupants with a Notice to Quit before filing an eviction lawsuit to gain possession of the property.

If the occupant is the former owner or a tenant of the former owner, a 3-Day Notice to Quit is required. If the notice period expires and the occupants have not left, then the new owner may then file an unlawful detainer.

Can eviction hurt my credit?

Even having an eviction lawsuit filed against you can damage your credit. It is better to leave voluntarily than face the eviction lawsuit. You need to know your credit score and to take action to protect or repair your score. I recommend using Equifax to monitor your credit. Get Equifax Credit Watch Gold 3-in-1 Now! . If you find that your score is damaged, consider using Lexington Law Firm . Lexington has a national reputation for doing an excellent job repairing bad credit scores.