Recently, Monique had the following question about an Eviction Process:
"I'm really worried because I have not paid my mortgage in six months. Can a police officer or the sheriff come for me and my family to take us out?
Answer: It will depend in your state. Some states are under a Judicial foreclosure and others under a Non-Judicial foreclosure system. You may want to understand the Foreclosure Process and the Eviction Laws of your state. Look at foreclosurelaw.org
Generally, this is the whole EVICTION process (some states put different names on each one):
1.- IN DEFAULT.- When you are 30 to 90 days late on your mortgage payment.
2. Notice of Default (NOD).- At 90 days late, you will receive a Notice of Default from the lender, asking for the payment or your house will be foreclosed.
3. Notice of Sale (NOS).- At 120 days late (most states) a trustee or an attorney will send you a Notice of Sale. In this letter, they must specify when will be the date of the FC sale.
4.- FORECLOSURE: After receiving the Notice of Sale your home will be sold in a public auction from two to eighteen months later, depending in your state. This entire period any homeowner can legally continue living into the property without making payments.
5.- PERIOD OF REINSTATEMENT: If your house was foreclosed, you still have a chance to find a loan to buy this property again. For this intention, many states allow you to have a Reinstatement Period on which you can also stay making no payments covered by law. NON-JUDICIAL system states dont have this rule.
6.- EVICTION: Following the foreclosure sale, or the end of the reinstatement period, you will be reached by the new title-holder of the property asking you to leave the property. If the property was bought back by the same lender, they may give you some money to leave the property clean and in good condition (this is called Cash for Key). If you don't leave, after 30 or 45 days they can start an EVICTION PROCESS AT COURT. The Judge will send you an EVICTION NOTICE including the date when you must leave. If you dont leave that day, the sheriff will go to the property to take you out and change the locks. If they lock the doors with your belongings inside, you cannot take them out anymore.
Under your eviction laws, you are protected until the last day. A homeowner can stay without making payments to the mortgage until the last day of the eviction notice.
NOT EVEN A SHERIFF CAN TAKE ANY HOMEOWNER OUT FROM HIS HOME WITHOUT THIS NOTICE FROM COURT.
There are a lot of states allowing homeowners to stay into the property up 18 months without making payments to their mortgage. You need to check the laws of your state.
My suggestion is that YOU NEED TO LEARN HOW TO AVOID FORECLOSURE. You definitely can do it by yourself. Don?t be scammed by companies doing this for you.
Disclaimer: You need to know that I am not a lawyer, or an accountant, or a tax counselor giving you lawful, tax or financial advice. This information is not a replacement for the opinion of a experienced lawyer. Even though I am a Financial Educator in the State of Arizona doing Real Estate investments, Business Coaching, Marketing Coaching, Credit Counseling, Foreclosure Prevention, Residential and Commercial Loans, Mortgage Training and Consulting since 2002, I do not say I am giving you legal counsel in this article to your explicit situation. This article is planned to instruct homeowners in failure of paying their mortgage. Nothing within this article should be interpreted to represent legal advice for your individual conditions. The information given in this article is presented only for individual information. Under no conditions this article stand for a legal counsel to market, purchase or keep any house. - 29904
"I'm really worried because I have not paid my mortgage in six months. Can a police officer or the sheriff come for me and my family to take us out?
Answer: It will depend in your state. Some states are under a Judicial foreclosure and others under a Non-Judicial foreclosure system. You may want to understand the Foreclosure Process and the Eviction Laws of your state. Look at foreclosurelaw.org
Generally, this is the whole EVICTION process (some states put different names on each one):
1.- IN DEFAULT.- When you are 30 to 90 days late on your mortgage payment.
2. Notice of Default (NOD).- At 90 days late, you will receive a Notice of Default from the lender, asking for the payment or your house will be foreclosed.
3. Notice of Sale (NOS).- At 120 days late (most states) a trustee or an attorney will send you a Notice of Sale. In this letter, they must specify when will be the date of the FC sale.
4.- FORECLOSURE: After receiving the Notice of Sale your home will be sold in a public auction from two to eighteen months later, depending in your state. This entire period any homeowner can legally continue living into the property without making payments.
5.- PERIOD OF REINSTATEMENT: If your house was foreclosed, you still have a chance to find a loan to buy this property again. For this intention, many states allow you to have a Reinstatement Period on which you can also stay making no payments covered by law. NON-JUDICIAL system states dont have this rule.
6.- EVICTION: Following the foreclosure sale, or the end of the reinstatement period, you will be reached by the new title-holder of the property asking you to leave the property. If the property was bought back by the same lender, they may give you some money to leave the property clean and in good condition (this is called Cash for Key). If you don't leave, after 30 or 45 days they can start an EVICTION PROCESS AT COURT. The Judge will send you an EVICTION NOTICE including the date when you must leave. If you dont leave that day, the sheriff will go to the property to take you out and change the locks. If they lock the doors with your belongings inside, you cannot take them out anymore.
Under your eviction laws, you are protected until the last day. A homeowner can stay without making payments to the mortgage until the last day of the eviction notice.
NOT EVEN A SHERIFF CAN TAKE ANY HOMEOWNER OUT FROM HIS HOME WITHOUT THIS NOTICE FROM COURT.
There are a lot of states allowing homeowners to stay into the property up 18 months without making payments to their mortgage. You need to check the laws of your state.
My suggestion is that YOU NEED TO LEARN HOW TO AVOID FORECLOSURE. You definitely can do it by yourself. Don?t be scammed by companies doing this for you.
Disclaimer: You need to know that I am not a lawyer, or an accountant, or a tax counselor giving you lawful, tax or financial advice. This information is not a replacement for the opinion of a experienced lawyer. Even though I am a Financial Educator in the State of Arizona doing Real Estate investments, Business Coaching, Marketing Coaching, Credit Counseling, Foreclosure Prevention, Residential and Commercial Loans, Mortgage Training and Consulting since 2002, I do not say I am giving you legal counsel in this article to your explicit situation. This article is planned to instruct homeowners in failure of paying their mortgage. Nothing within this article should be interpreted to represent legal advice for your individual conditions. The information given in this article is presented only for individual information. Under no conditions this article stand for a legal counsel to market, purchase or keep any house. - 29904
About the Author:
Learn more about the Eviction Notice. Stop by The Official Foreclosure Secrets Guide website where you can find out all about The Eviction Process and what it can do for you.
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