This is because, even after finding out they are unable to put together a realistic plan to save their homes and stop foreclosure, homeowners must then begin planning to leave the house. But they do not know, in most cases, even how much time they have to move out, when the sheriff will show up to throw them out, or if there is anything they can do to get more time.
In almost all foreclosure situations where the sheriff sale has already passed and the eviction process has begun, the homeowners should receive a notice from the county sheriff's department at least a few days before the scheduled eviction. This is a rule in almost every state and county, and is just a sign of good faith by the government that they will inform the former homeowners of how much time they have left to stay in the house and plan their future. However, it is also never a good idea to trust government bureaucrats, whether the county sheriff or the court system, to be efficient and follow their own rules, as this is one thing they rarely do if it is more expedient to ignore the laws.
There are numerous other ways for homeowners to find out how much time they have to get their lives in order before the eviction, other than trusting in someone from the sheriff's office to come and post a notice on the door. Also, notices can be blown off by the wind, taken off by nosy neighbors, or dropped in some place where the foreclosure victims are not likely to search for a notice.
To avoid being blindsided by the possibility of being evicted with no warning, homeowners should know the exact date when the county foreclosure auction took place. Knowing that will give them a good idea of when their ownership interest in the property was transferred to the high bidder at the auction.
Then, they should look up the state foreclosure laws to determine how much time they will have to stay in the home after the sheriff sale. Some states allow under the law for a redemption period where the foreclosure victims are given more time even after the sale in order to pay back the amount they owed on the house. Without searching the law, though, the homeowners may move out prematurely, eliminating a vital protection and opportunity to begin getting their finances back on track.
Redemption periods differ widely by state, with some having just a few weeks to others having up to a year after the foreclosure auction. Of course, other states do not have a redemption period at all, or they have it before the sheriff sale. Again, this is why it is essential to look up the state laws, so foreclosure victims do not move out the property too soon or too late.
But regardless of any other proceedings, the court, after the sheriff sale is over, should send the homeowners an order to appear before the judge for the eviction hearing. At this hearing, the bank will be given possession of the house and an order will be sent to the county sheriff to evict the former homeowners. Although this seems pretty bleak, the homeowners can take an important opportunity to take back some control over the foreclosure process. The most important reason to go to this hearing is simply to get more time to save the home or move out of the property.
The judge can grant the foreclosure victims a few extra days or weeks to obtain a new apartment and begin moving out of their former house. Just a few days can mean the difference between settling any last aspects of a new lease and moving out, or having to put items in storage and move in with a friend of family member for a few days. This opportunity to get extra time can not be taken, though, if no one shows up for the hearing in the first place. The lender will just be given possession and the order will go out to the sheriff to evict as soon as possible.
In a perfect world, homeowners will be given several notices of an impending eviction hearing and the eviction itself. However, this is trusting that county governments are efficient enough to communicate these important events to the foreclosure victims, and the homeowners receive the notices in a timely manner.
Obviously, it is rare enough that government bureaucrats are efficient, and even rarer that the average family will know enough of how the foreclosure process works to take some control over it. That is why homeowners need to get important foreclosure advice in order to understand how the foreclosure will proceed, both before and after a sheriff sale, and how they can negotiate with a lender or the court system for a more beneficial resolution to foreclosure.