Can the sheriff's dept come by and kick us out??!!

[youngnbroke]

The judgement was entered on April 20th 2011 (1st and 2nd mtg discharged in chp 7 in December 2010) So, from what i've researched..im now in the 6 month redemption period. So anytime after October, they can schedule a sheriff's sale, correct?! (and NOT before?) This whole foreclosure is completely unknown to me, im simply relying on websites to try to figure out where we are. I do not want to move prematurely, as we are still paying the condo fees and its free rent...but at the same time, i'm scared to death that one day, we're going to get a knock on the door!!

A couple years ago, we witnessed our neighbors being escorted out of the condo by the sheriff's dept as they were loading up their belongings. I know that if you stay after the deed gets transferred, the new owner can evict you - so i'm not worried about that, been checking the sheriff's sale list weekly and we are not on it. But memories of seeing them being kicked out terrifies me!! We dont know their situation or what exactly happened, but just trying to get some much needed relief from somewhere that we are not going to get kicked out!!

[debee]

If the lender's attorney handling the foreclosure knows you were discharged in bk (and that there'd be no point pursuing a deficiency judgment) and if the documents indicate they just want possession but aren't gunning for money, then 6 months minimum before the sale.

If they were going after a deficiency (which of course they're not qualified to get, but stupider things have happened) then you'd have a year before the sale.

After that, the new owner would have to initiate eviction proceedings to get you out. Might buy you some time to linger, but then they can also sue you for post-foreclosure rent and then you'd have an eviction on your record on top of the bk and foreclosure.

edit: So, you won't get escorted out by the sheriff. You would be named in an eviction proceeding first, and have to go to court, etc.

[daxtell]

you will get served first and given notice. they will not just show up and escort you out without that.

[AngelinaCatHub]

All above is true. They will not just show up and make you leave. An eviction is actually a suit for eviction. Then after notice, a writ for eviction and then your stuff can be put upon the curb and you are out. By that time if you are still there, then that would happen. I doubt you would let it go that far. 'Hub

[youngnbroke]

Thanks everyone, you've put my mind at ease!!!

[CCC]

I have a friend who is going through a similar situation. Great thread, good information.

[KevFinnerty]

Thanks for the info in this thread. I'm in similar situation & still living in my house. Have been waiting for something, anything to happen so I know when I have to leave but have heard nothing at all.

My foreclosure was stopped due my declaring BK last year. The bank filed relief from the stay but afaik no judgement was ever given - at least no one notified me. I was declared an asset case (my house has equity in it) and trustee indicated he was interested in that equity at the 341 hearing last year, my debts have been discharged as of about 3 months ago, and still....nothing. I want to stay here (rent free) as long as I can, but I want to leave on my own power rather than getting my belongings thrown out on the street along with me.

[keepsmiling]

Hey Kev, been wondering what was going on with your case.

[KevFinnerty]

Hey Kev, been wondering what was going on with your case.

Thanks for thinking of me. Basically nothing has happened (that I KNOW about). I've gotten no word on anything from the trustee. I imagine things must be happening behind the scenes but I don't know what. Kind of driving me crazy worrying about what is going on but I'm trying not to think about it. Am struggling to just survive...

There have been a few strange things going on but I don't know really what any of it means - last month the bank sent me a letter saying that they were "notified" that my house was vacant and that they were going to take steps to secure it if I did not confirm that the property was being "maintained". I replied and told them I was still living here, but today a neighbor told me someone came to their door and told them "we were notified the house next door is vacant, can you confirm this". And also I have some questions about my home owner's insurance expiring this month.

I don't want to hijack this thread though, I've got some other postings up here tonight, so I'll stop here. When things start unfolding I'll update one of my main threads I guess.

Good luck to everybody in this mess of an economy. I know so many people out of work (myself included), or working at crap jobs after losing their good ones, it is insane.

[helpme2010]

All above is true. They will not just show up and make you leave. An eviction is actually a suit for eviction. Then after notice, a writ for eviction and then your stuff can be put upon the curb and you are out. By that time if you are still there, then that would happen. I doubt you would let it go that far. 'Hub

Thanks Angelina, my situation has been on this board for a long time now.

I am at the stage where they auctioned my house off to Fannie Mae. Fannie Mae gave me 6 weeks of cash for keys deals. I will very likely not be able to meet any of these deadlines. What happens next? Doe Fannie Mae then give me a 30 day eviction notice and I have to leave by then or do other things happen first???

[AngelinaCatHub]

Thanks for thinking of me. Basically nothing has happened (that I KNOW about). I've gotten no word on anything from the trustee. I imagine things must be happening behind the scenes but I don't know what. Kind of driving me crazy worrying about what is going on but I'm trying not to think about it. Am struggling to just survive...

There have been a few strange things going on but I don't know really what any of it means - last month the bank sent me a letter saying that they were "notified" that my house was vacant and that they were going to take steps to secure it if I did not confirm that the property was being "maintained". I replied and told them I was still living here, but today a neighbor told me someone came to their door and told them "we were notified the house next door is vacant, can you confirm this". And also I have some questions about my home owner's insurance expiring this month.

I don't want to hijack this thread though, I've got some other postings up here tonight, so I'll stop here. When things start unfolding I'll update one of my main threads I guess.

Good luck to everybody in this mess of an economy. I know so many people out of work (myself included), or working at crap jobs after losing their good ones, it is insane.

Yes Kev, I think this is something new. With the vast amount of vacancies, I've noted this stuck on every front door window from the outside. They pay a care company to change locks, secure it and then insure it which I know is new. It in essence leaves you protected if you did abandon the place. Good that you notified, but follow up in letter certified please.

On one thread I actually posted the exact wording here in FL, but now I could not tell you where. Good luck my friend. 'Hub

[AngelinaCatHub]

Thanks Angelina, my situation has been on this board for a long time now.

I am at the stage where they auctioned my house off to Fannie Mae. Fannie Mae gave me 6 weeks of cash for keys deals. I will very likely not be able to meet any of these deadlines. What happens next? Doe Fannie Mae then give me a 30 day eviction notice and I have to leave by then or do other things happen first???

Did you accept the cash for keys? If so that is a contract so you got to get out. If not, they have to sue you (simple process) and they will get a Judgment for eviction in which they get a writ of eviction and then the Sheriff will offload your household upon the street and you with it if you are there. LOL. I'd start looking for someplace to go asap. 'Hub

EDIT: P.S. You would get at least 30 days notice.

[KevFinnerty]

Yes Kev, I think this is something new. With the vast amount of vacancies, I've noted this stuck on every front door window from the outside. They pay a care company to change locks, secure it and then insure it which I know is new. It in essence leaves you protected if you did abandon the place. Good that you notified, but follow up in letter certified please.

On one thread I actually posted the exact wording here in FL, but now I could not tell you where. Good luck my friend. 'Hub

Thanks - a slight update to this. This really is a pain in the ass. Something additional for me to worry about.

I spoke with the bank today, and they acknowledged that they did get my response that I am living there, BUT - that since my mortgage is owned by "Freddie Mac" they said that every 30 days they must send someone out to verify that the house is NOT vacant, since they were notified that it was, and part of that is that the investigator is allowed to speak with neighbors to make his determination, if he cannot tell from "peaking in the windows".

Now this is really ridiculous from my point of view. I LIVE here and told them this already (multiple times). I've told them I have no intention of abandoning the property. I don't want someone out here every 30 days snooping around, peeking into my windows, disturbing various neighbors on the street who now all are curious as to what is going on, and someone may actually call the cops on this guy next time!!!

And in addition of course, the expense of this "investigator" is surely something that they are tacking onto the costs of my foreclosure - so that in the end I will be the one stuck paying for it as it were. Just blows my mind.

Also I asked them who "notified" them that my house was vacant in the first place. And in a case of circular logic, they said that the first time an investigator came out to my house he was unable to tell if anyone was living there thus that counts as their "notification", which then triggered their letter to me in the first place, and supposedly the repeat visits (??).

There's also other stuff the bank said which I talked about in a different thread so I'll stop there. Short story is the bank says they will be foreclosing & that my bk case is "closed" whereas according to my lawyer that is incorrect and that the ball is still in the trustee's court as to what is going to happen to the house next. Seems to me this is a case of "snafu".