Evictions It’s The Law And Pretty Much The Last Call

What can be more depressing, frightening, and confusing when a foreclosure ends with an eviction? Here in California foreclosures has been growing steadily and with that comes an increase in evictions.There are certain ramifications that come with an eviction. For example, if you are a tenant occupying a property that has been foreclosed there may be a different set of rules. Let's say you reside in a area that is rent-controlled. You can’t be evicted because the bank will have to sell the property as a occupied. If you are the original borrower there is no escape from the inevitable. The eviction attorney will file what is called a Notice To Quit. These generally expire after thirty days. The Summons and Compliant will follow next leading to a Hearing Date. Once a Judgment of possession has been granted counsel will then send what is called a Writ to your local sheriff dept. The sheriff will post the eviction notice at the residence of record. On the day of the actual lock out the realtor that was hired by the bank along with the sheriff will team together to coordinate a lock out. That means a physical removal from the house. The realtor will then re-key the house and the is lock out completed. Some borrowers try to seek refuge by filing chapter 13. Now if this happens prior to sale then Bankruptcy proceedings will follow. Once that clears then the eviction process will begin. Bankruptcy filings after sale are different because counsel will file what is called a Motion For Relief and the eviction process will begin then. Bottom Line- Bankruptcy filings no longer protect a home owner today like they use to in the past and to add more not only will you have a foreclosure added to your credit profile an eviction will be added as well.