Eviction

questions & answers

Question: I had a bad loan, which I fell behind on after an auto accident, and am being forclosed on. My question is, do I need to be served with a written notice of eviction and how much time do I have if so ? Also , is there a redemption period ?

Answer: I am assuming that your lender is actually conducting a trustee sale rather than an actual foreclosure. You have the right on a trustee sale to bring the loan current and the deed of trust is automatically reinstated. In a trustee sale there is no redemption period. Once the trustee sale is concluded and the lender has title to the house then they would have to evict you. The lender has to give you five days written notice and then the court is supposed to schedule the hearing on the eviction within 3 to 6 business days. The sheriff then has to serve the notice of eviction.

QUESTIONS

  • I had a bad loan, which I fell behind on after an auto accident, and am being forclosed on. My question is, do I need to be served with a written notice of eviction and how much time do I have if so ? Also , is there a redemption period ?

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