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Notice of Trustee's Sale - Tennessee

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    Notice of Trustee's Sale - Tennessee

    Today I received the Notice of Trustee's Sale scheduled for October 7, 2014. I am in Tennessee.

    I received by Chapter 7 discharge in July 2014 and have been waiting on this. I do realize that nothing may happen on the sale date as the bank could pull the sale or that the house could sell to a bidder or the bank.
    I have read several versions of what happens next but most recommend staying with the house until receiving an eviction notice. My major concern is having the deed transferred out of my name so that I am no longer liable for HOA fees or maintenance. Needless to say I will be in the home at the time of sale and wonder if it sells how much time I will have to move. As soon as I confirm the deed change I will be looking to move ASAP.
    I am about as prepared to move as anyone can be and I will use the remainder of this month to finalize my efforts.
    Comments appreciated, thanks.

    #2
    According to Nolo:

    New owner may file forcible entry and detainer lawsuit, which involves serving a warrant on the occupant, trial within six days after service, and a writ of possession ten days from the rendition of the judgment ordering sheriff to evict occupant. Former owner may also be evicted through an ejectment procedure.
    Learn how the Tennessee foreclosure process works, including preforeclosure steps, foreclosure procedures, and homeowner rights.


    So, you will apparently have 16 days after the new owner files a forcible entry and detainer lawsuit. Hopefully, the owner will try to work with you to get you to leave voluntarily instead of filing a lawsuit. I think your plan to move ASAP after transfer to the new owner is a good one.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      LITR,

      Thanks for the info.
      16 days is not a lot of time to find a new place.
      I know the bank can back out of the foreclosure at any time leaving me liable for HOA costs. I wonder how many times this actually happens. I am sure a bank paying a law firm must consider the extra cost of that action.
      I think it would be best for me to find another place to live as of Oct 1st. My attorney did tell me that the HOA cannot collect a penny from me as I have no assets and my income is limited to SS and ERISA pension.

      I wonder how others have handled a situation like this.

      Comment

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