How Long Can You Remain in a Foreclosed Home After It Has Gone to Auction?

 

 

Video Summary


How long can you remain in your home after the property has been foreclosed and has gone to auction?  Well after it is auctioned off, the clerk will issue a certificate of sale and approximately 10 to 14 days after the property has been sold they should be issuing a certificate of title.  If you are the owner of the property, they then can apply to the court for a writ of possession.  In years past, the courts depending on which particular court it is or judge, they have issued an order direct from the clerk to issue a writ of possession, so I would have in the past told you have about 10 days to 14 days before you would need to move out because once a writ of possession is issued you only have 24 hours.

 

However, that depends a lot on the lender and if they wish to take possession right away.  In the past, we have seen lenders contact the owner and have a realtor contact them about when they are going to move out and work with people as far as vacating and leaving the property in good condition.  There used to be even some assistance where they would give cash for keys in order for the person to leave and not damage the property.  Lately we have seen whenever we have foreclosed and request the court enter an order directing a writ of possession to be entered, the courts telling us in Pasco County, Florida that we have to set our motion for hearing, which is out probably six weeks.

 

Unfortunately, I cannot give you a hard and fast rule but it is safe to say that you have a minimum of 10 days after the foreclosure sale to be able to stay in your home or stay on the property.  If you are a tenant, the Federal Obama Law has sunsetted and there is no longer a federal law that allows you to remain in the property after the property has been sold at auction on a foreclosure sale.  However, I believe there is now a state statute and I am not sure the effective date that may give you some relief to be able to stay in there if you were a tenant of the property.  So unfortunately I have not given you a definitive answer but you do have a minimum of 10 days.

 

If you have any questions or need representation in conjunction with the matter, give me a call at 727-847-2288.