The Eviction Laws can be misunderstood by many homeowners and an Eviction Process can be really intimidating for many home owners in default. I received recently, a question from a homeowner in stress:

“If you live in a house and are losing it , have been living in it for 6 months paying no mortgage, will they just show up at our door and say ok you have to leave? or will we get some kind of 30 notice to leave?”

My response was: Nobody can take out you from your home if they dont have an EVICTION NOTICE FROM COURT. Period. You have to know the eviction process under your state eviction laws, though. Some states are into a JUDICIAL foreclosure system and others into a NON-JUDICIAL foreclosure system. The website foreclosurelaw.org has everything you need to know about it.

Generally, this is the whole EVICTION process (some states put different names on each one):

1. In Default.- (30 to 90 days late)

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: After receiving the Notice of Sale your home will be sold in a public auction from two to eighteen months later, depending in your state. This entire period any homeowner can legally continue living into the property 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.- In order to the new owner take you out from your home, it must be through an official document named EVICTION NOTICE. After the FC sale, you need to leave the property after 2 to 4 weeks depending in the state (some states take months for this), but if you didn?t get out from the property at that time, the new buyer of the property has to file a complaint in court, then an EVICTION NOTICE will be sent to you with a new dead line date, stating the sheriff will take you out from the property with all your family if you don?t leave. On the Sheriffs eviction, the belongings may stay at the property and you will not be able to take it out under the eviction laws.

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.

NOT EVEN A SHERIFF CAN TAKE ANY HOMEOWNER OUT FROM HIS HOME WITHOUT THIS NOTICE FROM COURT.

Many states allow homeowners to stay legally free at least six months without making mortgage payments. Other states allow up 18 months. See your state laws.

My suggestion is that YOU NEED TO LEARN HOW TO AVOID FORECLOSURE. You definitely can do it by yourself. Don?t be scammed by companies doing this for you.

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.

Related Posts:

• Did You Receive An Eviction Notice? Don’t Do Anything Until You Read This.
• Get Your Home Back By Working Out Your Foreclosure
• Foreclosure and Foreclosed homes
• What Are Home Owners Rights during Foreclosure
• What You Should Know About Bidding On Foreclosures