The Mortgage Info Guide
Mortgage Information And Resources
Eviction laws governing post-foreclosure or post-sale occupants vary rather drastically from state to state and often county to county, particularly in states where judicial foreclosures are in the majority. Speak with your attorney regarding foreclosure laws in your local jurisdiction prior to taking any action in either direction.
When you loose your home to foreclosure, it is possible to that the investor who buys it at the steps, may let you stay there if you can afford to pay the new rental payment.
To avoid more emotional stress and embarrassment it is best to vacate the property a day or so before the auction. Many people have a hard time accepting the fact that they lost their home and will make the situation harder on themselves by staying in the home as long as possible.
If you are still occupying the home after the foreclosure sale the new owner will begin the eviction process. You will receive a legal notice to leave the premises within 72 hours. If you fail to leave the new owner must bring the case before a court. If the court orders eviction they will issue a date that you must move out. The new owner can issue an execution of eviction which gives you 48 hours from the court ordered date. The sheriff can then physically remove you and place any items in the house into storage.
In an effort to keep you from completely destroying your home as you are being foreclosed and evicted, some bank managers will offer a " cash for keys " agreement where they will pay you a specified amount (sometimes around $1000) to leave the property within 2 days and to leave it in as-is condition. If you are only days from auction the cash could help you get a new start by helping with deposits and first month's rent at your next residence.