Recently, Monique had the following question about an Eviction Process:

“I have six months not paying my mortgage, and I am worried about it. My question is if the sheriff can take me out with my family anytime now?”

Answer: It will depend in your state. Some states are under a Judicial foreclosure and others under a Non-Judicial foreclosure system. You may want to understand the Foreclosure Process and the Eviction Laws of your state. Look at foreclosurelaw.org

First of all, check the following points that are very common in a FORECLOSURE PROCESS for many states, although every state use to change the names for each one:

1.- IN DEFAULT.- When you are 30 to 90 days late on your mortgage payment.

2.- NOTICE OF DEFAULT: At 90 days without making a mortgage payment, you will receive from your lender a notification called in many states as Notice of Default. It will say that your lender will send your home for sale if you don?t pay what you owe.

3. Notice of Sale (NOS).- At 120 days late (most states) a trustee or an attorney will send you a Notice of Sale. In this letter, they must specify when will be the date of the FC sale.

4.- FORECLOSURE SALE (FC).- Depending in your state, it can take from 2 months to 18 months for the sale of your property after the NOS. All this time you can legally stay at your home without making payments.

5.- PERIOD OF REINSTATEMENT: If your house was foreclosed, you still have a chance to find a loan to buy this property again. For this intention, many states allow you to have a Reinstatement Period on which you can also stay making no payments covered by law. NON-JUDICIAL system states dont have this rule.

6.- EVICTION: Following the foreclosure sale, or the end of the reinstatement period, you will be reached by the new title-holder of the property asking you to leave the property. If the property was bought back by the same lender, they may give you some money to leave the property clean and in good condition (this is called Cash for Key). If you don’t leave, after 30 or 45 days they can start an EVICTION PROCESS AT COURT. The Judge will send you an EVICTION NOTICE including the date when you must leave. If you dont leave that day, the sheriff will go to the property to take you out and change the locks. If they lock the doors with your belongings inside, you cannot take them out anymore.

Under your eviction laws, you are protected until the last day. A homeowner can stay without making payments to the mortgage until the last day of the eviction notice.

NO ONE CAN LEGALLY TAKE YOU OUT OF YOUR HOUSE WITHOUT A LEGAL EVICTION NOTICE FROM COURT. EVEN A POLICEMAN OR SHERIFF MUST BRING THAT EVICTION LETTER WITH HIM TO EVICT YOU.

Generally, you can stay at least 6 months, in other states you can stay even more time protected by the state laws. Check the Eviction Process and the Eviction Laws of your state.

My best recommendation is TO LEARN HOW TO AVOID FORECLOSURE. You can do it yourself. Don?t trust on strange companies that can keep your home for them.

Specifications: You have to understand I?m not an accountant, or a lawyer, or a tax analyst giving you tax, financial or legal advice. These suggestions are not a substitution for the outlook of a knowledgeable attorney. Nevertheless I?m a Financial Instructor in Arizona doing Business Coaching, Marketing Coaching, Real Estate investments, Credit Repair, Foreclosure Prevention, Residential and Commercial Loans, Mortgage Training and Origination since 2002, I dont declare Im giving legal guidance in this piece of writing to your exact circumstances. This writing was created to inform homeowners in mortgage stress. This writing should be not interpreted to be legal advice for your own conditions. This writing is only for individual information. Under no conditions this article should be understood as a legal advice to market, purchase or keep any house.

Looking to find the best information on the Eviction Notice, then visit www.foreclosureinprocess.com to find the most advanced information on The Eviction Process right now.

Related posts:

• Eviction Notice: Everything You Need To Know
• What Are Home Owners Rights during Foreclosure
• Foreclosure and Foreclosed homes
• SSCRA…What It Means To Our Veterans And Our Military Members.
• Stop Your Own Foreclosure Fast