68,834 satisfied customers
Specialities include: Real Estate Law, Landlord and Tenant Law, Foreclosure, HOA, Trespassing, Contracts
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good afternoon. What will happen is that the court will issue a default judgment and the lender will proceed with the foreclosure of the property. Once the foreclosure sale occurs, if you as the prior owner do not
leave, the law does not allow the new owner to forcibly evict the prior owner
without obtaining an eviction order from a court. What that means is that if
the sale date comes and the prior owner does not move out, the new owner cannot
simply change the locks or throw the prior owner's things out. Rather, what the
new owner has to do is to first deliver a 5-Day Notice to Quit...which basically says
the prior owner has 5 days to leave or face eviction. But, if
the prior owner still hasn't left, the new owner must then file a petition with
the court for an eviction order. Depending
upon the court's docket, it can take anywhere from about 15 days to a couple of
months to get a hearing. The prior
owner must be served with notice of this hearing and be provided an opportunity
to attend. Only when a judge has issued
the eviction order can the new owner have
the prior owner evicted. That will buy the prior owner a good bit of
time.
I hope this
has given you information that has been helpful to you. If the information
seems more general than specific, please be aware that we are only allowed to
provide information and not specific advice. If you have a follow-up question, please remember that
there might be a delay between your follow up questions and my answers because
I may be helping others or taking a break.
If you do have any additional questions about my answer
please simply ask a follow up question without rating so I can provide
you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is
reflected as a negative rating, reflects negatively on my performance, and I
receive no credit for my answers.
Thanks for allowing me to be of service to you. Please be
aware that the information provided here is not legal advice. Rather it is
simply general information. All states have intricacies in their laws and any
information given is simply information only and specifically is not
intended to be, nor does it constitute, legal
advice. This communication does not establish an attorney-client relationship
with you. I hope this answer has been helpful to you.
I dont think you answered my question clearly. At this hearing will the judge give a date of sale. If he does, how far out is that date? If he does not, what happens next?
Hi there. I have received a response that indicated that you
considered the service provided to be poor.
My goal is to provide an answer that completely answers your questions
and I strive to achieve that goal with each of my customers. I took the time to answer your question
even though I recognized that the answer was one where the law was not likely
to be in your favor. I feel that
I answered your question thoroughly, completely, and accurately within the
confines of the limitations of both the law and JA. In addition, I answered each follow up
question asked. If you feel that I did
not fully respond to all your questions, please let me know how I can
supplement my response to provide you a completely satisfying response. I
recognize the answer might not be what you hoped it would be, but if there is
any question left unanswered, please let me know. Otherwise, I would appreciate it
if you would consider changing your rating. Please
be aware that any rating of 1 or 2 is reflected as a negative rating, reflects
negatively on my performance, and I receive no credit for my answers. If
you have no further follow up, I would appreciate you reconsidering your rating
so that I get credit for the service I provided you in answering your question. Thank you!
I was hoping to get more clarity. I live in Illinois so it is a judicial process.
What happens on September 10th if the motion is approved? Is the date set then? Do I get a 90 day period to try to repay?
One last thing so I am clear.
On Feb 1 we received a summons and complaint to forclose mortgage
no other correspondence has been received until a letter stating the motion for default, motion to dismiss unknown owners and nonrecord claimants and judgement of foreclosure and sale. So if on September 10th they receive the judgement of foreclosure and sale you are saying the date of sale might not be for another 6 months and we still have a 90 day period of redemption?
wow. i need to go back to school! I m confused again
So if they get a judgement on Sep 10th, what is the earliest the date of sale can be set for?
68,834 satisfied customers
Ellen
Lawyers
31,131 satisfied customers