Upcoming Foreclosures

real state law question. Foreclosure timetable.?

My uncle's landlord has stopped making payments on the house that he rents from her. She told him that the house is being foreclosed and that he can live there for free until the bank evicts him. By his calculations she stopped paying about 4 to 5 months ago. Wanting to take advantage of the offer he needs to know how long will it take for him to get evicted. And will there be any kind of notice before he gets evicted posted on the house giving him an estimated time so he could plan his next move. The landlord has moved and she won't give him notice. Will there be some sort of comunication with the person that actually lives there about the timetable to leave. And again about how long is the process for the bank to actually evict whoever lives on a foreclosed property.

Public Comments

1. Every state is different but he will be given a 30 day notice by law in any state.
2. Go to the clerk of courts and look up the case, it will be listed under the owners name. The minimum amount of time is about 6 months.
3. 30 days is required by Federal law. There will be a posting on the house itself, and there will have to be court paperwork filled in order to evict him
4. Ok, anyone that tells you a 30-notice is required for a FORECLOSURE IS WRONG! Remember that the bank does not have a legal obligation to the tenant, only the landlord, and a 30-day notice is NOT required when the property is being foreclosed on by the bank. This is the ONLY time where a tenant has no rights. In my state, you can be served with as little as a 7-day notice to move when a landlord is having their property foreclosed on. What the landlord has done, is simply washed themselves of the property, and the lease no longer exists...remember that the mortgage company cannot do anything b/c the contract is between the tenant and the landlord not the tenant and the mortgage company...so the rules of sale DO NOT apply...the lease doesn't transfer. I would get something in writing from the landlord stating this arrangement...b/c the lease is still in place, I would worry that she would want money later and would actually have grounds to sue...b/c all she has done is give you a verbal and that isn't good enough. Keep in mind that finding a apartment on very, very short notice is going to be difficult.
5. This depends on state law, so look up your state's foreclosure laws. The date you want to keep in mind is the sheriff sale date, though. Once you know the sheriff sale date, then you have an idea of how long you are allowed to stay. Some states have a redemption period after the sale that allows homeowners to remain living in the house. This is protection for the foreclosure victims under the law, giving them the chance to refinance, sell the house, or come up with some way to save their home. If the state has a redemption period, the eviction process starts after the end of redemption. Usually within 2-4 weeks after the end of redemption, the sheriff will show up to remove all people and property. If the state does not have a redemption, the eviction process will start right after the sheriff sale. Within 2-4 weeks after the sheriff sale, the sheriff will be there to evict anyone remaining in the house and remove all personal belongings. Again, look up your state's laws to determine how much time is allowed. Without knowing that, there's no way to give more accurate estimates. But if you know that, you can figure out the rest on your own.