How to Evict Someone After Foreclosure
After a foreclosure, a lender or a private buyer has the right to seize your property. The one issue is that the individual dwelling in the foreclosed house may not have a fresh residence yet. To reasonably accommodate the preceding owner, you need to go through an extremely regimented legal process before the operator can be evicted. The process typically takes upward of 30 days, but at the conclusion of the flooding process, you will have the ability to freely access and use the foreclosed land.
Provide written notice to the preceding owner, explaining that he is no longer the legal owner and is thereby required to depart the premises. This note is usually drafted and delivered by the lender, but in rare instances, a person who bought the house from the lender may need to draft this written note. If that is the case, make certain the notice clearly explains that you are the legal owner, and you are asking that the previous owner move out instantly.
If the last owner does not vacate the premises, file an eviction lawsuit together with the county court. According to the Home and Economic Rights Advocates, you cannot file suit until later you’t awarded the prior owner three times to vacate after a note was issued. To file the lawsuit, you will need to fill out a short form at the county courthouse and pay a small filing fee.
Wait for the case to be heard by a judge. Although the law varies from state to state, in most locations the prior owner will be given at least 30 days to respond to the lawsuit before it goes before a judge. During this time period, the last owner could attempt to acquire the flooding case thrown out by furnishing proof that he made house payments on time and the lender had no legal right to foreclose on the house. If the case is thrown out, then you will not be able to evict the individual, and you should file a separate lawsuit against the lender to recover any payments that you made in your house.
Supply evidence of possession at the eviction hearing. Foreclosure-related flooding cases are usually fairly straightforward, and the estimate will usually only hear a couple of minutes of evidence from every side. You will just need to furnish your final papers or a deed to the house to prove that you have your house. After hearing the evidence, the prior owner will be given a opportunity to clarify any mitigating circumstances to the judge. Based on the situation of the foreclosure, the judge will grant the preceding homeowner a little more time to move, or the judge will order a timely next-day eviction. In any case, an eviction date will likely be set in the not too distant future.
Enter and inspect the house after the flooding date has now passed. At this moment, the house needs to be free of all occupants and possessions. The county sheriff could have posted the eviction notice and visited the land on the eviction date. In case the former occupants were living in the house, they’d have been removed at this moment. After the eviction date has passed, the process is full and you can freely use the house.