Foreclosure

questions & answers

Question: how long does the foreclosure process take before you're kicked out of your home completely?

Answer: Approximately 3.5 months after the foreclosure proceedings have commenced. (The commencement of the foreclsoure proceedings depends on the initiative of the 'bank'; some commence the foreclosure proceedings after three missed monthly payments; some banks take much longer.) Once the 'bank' begins the actual foreclosure proceedings the timeline is that the foreclsoure sale date has to be held at least 90 days after the filing with the County Recorder of the Notice of Foreclosure. And typically the sale is held three months after the filing, although the bank will grant extensions if it is working with the homeowner on a short sale or loan modificatoin. Once the foreclsoure sale is held a Trustees Deed is usually filed a day after. This transfers ownership. If the home is still occupied the bank would begin eviction proceedings. This consists of a letter telling the occupant that he or she has 5 days to leave or evicion proceedigs will commence. If the occupant has not vacated a Complaint will be filed and an eviction hearing will be held within ten days. The court would then issue an eviction order, and if the occupant has not vacated within 5 days, a writ will issue direting the constable to remove the occupant.

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