How many months without payment before Foreclosure ? then how many months after foreclosure until evicted?
Posted by admin on 21 Apr 2008 8:25 pm. Filed under Renting & Real Estate.
Aintitthetruth asked:
I live in a house where it might be facing foreclosure. I live with my uncle and his brother handle the finances. His brother is a liar and all the sudden says we are 4 months behind in payment and its going to be in foreclosure soon and after that it will be 30 days until evicted. Is that true?
I live in a house where it might be facing foreclosure. I live with my uncle and his brother handle the finances. His brother is a liar and all the sudden says we are 4 months behind in payment and its going to be in foreclosure soon and after that it will be 30 days until evicted. Is that true?
On April 23rd, 2008 at 8:43 am
It all depends. It usually is 6 months with non payment before the banks begin to foreclose. After the property is foreclosed on the occupants are usually evicted pretty quickly.
On April 25th, 2008 at 5:00 am
I think it really depends on the mortgage company. I know of somebody who lived in the house for almost a year before it actually went into forclosure.
On April 25th, 2008 at 6:14 am
The foreclosure could start after four months (sometimes less), or it could take a year or more. Depends on the laws where you live and how aggressive the bank is. Likewise from foreclosure to eviction depends on where you live and to some degree how aggressive the bank is.
However, the numbers he is giving you are certainly possible. You can check up of this by reading on the foreclosure laws for your state (just google it) and ask him what correspondence he has gotten from the bank. Still, these numbers are quite possible so until you know otherwise you may want to assume he is correct in his guesses.
On April 26th, 2008 at 6:50 pm
Each lender has it own foreclosure policy. Some lenders will foreclose immediatly after mising one single payment, while others will allow anywhere from 6-12 months before starting the foreclosure procedure.
They will send letters after letters seeking to find a way of bringing your mortgage current. Some will even call and see if there are ways for you to re-instate your mortgage.
The government loans might take awhile for the foreclosure procedure to take place also. These are your Va and FHA loans underwritten by the federal government. You also have some states that underwrite loans.
In a non-judicial state when ever the lender decide to start foreclosure procedures they will finally write a letter informing the borrower of this fact.
The foreclosure notice is filed with the county court’s recorder’s office where the property is located. Several copies are sent to the borrower or placed on the property.
From the time this notice is recorded the borrower then have 90 days to bring the mortgage current or refinance the mortgage.
Once this 90 day period is over the lender then decides when to send “The Notice of Sale”. This is also recorded at the county recorder’s office.
From the filing date the borrowers then have 20 days to complete a refinance or get out of foreclosure. The lender might refinane, but normally will not.
The sale is conducted on or after the 20th day.
Depending on what happen at the sale you will be notified of the new owner or someone from the lender will contact you to set up a date for you to move out of the property.
If the lender decide to use the judicial procedure then you will be given a court date to appear. The judge will outline the procedures to you but they will follow what your state has outlined. I am pretty sure you will have 90 days or more before you will be required to move.
I hope this has been of some use to you, good luck.
“FIGHT ON”
On April 27th, 2008 at 11:12 pm
If you area still in Montana, you can follow this link for a timeline to the foreclosure process for than state:
The process is typically 140 – 150 days. Although a tenant would be afforded a 30 day notice to vacate, many times a foreclosed previous owner is not given that much time.
On May 1st, 2008 at 6:05 am
A lot of options exist for Uncle and You. The best thing to do is to contact a professional who is experienced in this matter. I would be happy to talk to you for free and see what it is I can do to help. I own a private loan firm created by a federal grant to help people that are in need. Also, the grant allows me to give free consultation and research.
Please visit me by going to wsovisual.com and I promise to help her in every means possible.
George Michel
On May 3rd, 2008 at 1:59 pm
That depends on the state. State law determines how long the foreclosure process lasts and how long you’ll have afterwards to move out.
Being 4 months behind means that the bank will probably be starting the foreclosure process soon, though. It can take from a month to 6 months, though, from lawsuit to sheriff sale. And then it can take from 3 weeks to a year from sheriff sale to eviction date.
So you better look up your state’s foreclosure laws. If your uncle’s brother is a liar, then why believe him when he tells you to move out in 30 days? Maybe he just wants to live in the house rent free.
Good luck.
ForeclosureFish