Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Have you been contacted by a real estate agent about move out options yet?
I apologize for the delay -- for some reason I was not notified that you had responded to my question (every now and then the Just Answer computer skips that step) -- and I have not been on line since yesterday because I am battling a terrible head and chest cold.
Once the lender forecloses, you will typically be contacted by a real estate agent to offer you participation in their "cash for keys" program -- they will offer you a written contract to move out of the house in 60 to 90 days for $3500 to $5000 (depending upon what they are willing to offer) if you leave the place in broom clean condition when you move out and you leave all appliances, cabinets, furnace, etc intact (lenders have a real problem with home owners stripping a house before they leave it and then the lender must go the steps to hire a lawyer and evict you in court -- so they would prefer not to do that and that is why they may be willing to give you cash for keys). They are not legally obligated to make a cash for keys offer like this, but if you simply want to leave the house without taking appliances, then maybe they will offer the cash for keys to you.
That process take 30-60 days depending upon how long they give you on the cash for keys program.
If they do not offer the cash for keys program and you do not want to make it easy for them, then you can simply sit there until the lender issues a written 30 day eviction notice. They can mail it or leave it with someone of legal age at the house on the day of delivery of the letter. If you have not left in 30 days, then the lender can sign the matter up in eviction court at the county courthouse nearest you -- the matter will then get to court in 2 to 4 weeks (you will have a hearing at the court in front of the magistrate or judge and they will give you the opportunity to tell them that you need additional time to vacate the premises -- and if you can show the court that you have made other arrangements but simply need another month or two the court will give you that additional time to get your things together and leave. If the judge issues an order for you to vacate by a certain date and time and you do not leave, then the lender can call the Sheriff's department and have you and your belongings moved (the Sheriff will put your items in storage and send you the bill).
So, in general if the lender offers the Cash for Keys program and you accept, you will end up with 60 tro 90 days to vacate -- but under this program you must leave the house intact with appliances, etc. so they can begin marketing the place right away. If you want to take your appliances and anything else with you that would normally stay behind (such as an above ground pool or a wood burning stove), then the lender will probably not want to issue the payment to you. If you do not accept the Cash for Keys program, then between the notices to vacate and the Sheriff actually appearing to move you, you probably have about 4 months from start to finish.
Please let me know if you have any questions.
THANK YOU !
Please press the GREEN ACCEPT BUTTON so I am paid for my time. Just Answer does not pay me anything until you press the ACCEPT button and this is not a hobby for me -- this is how I earn a living so I appreciate it immensely when my customers honor the honor system here at Just Answer and press ACCEPT to make sure I am paid for my time. If you do not press ACCEPT I will never be paid anything for this question and answer and that is hardly fair in the grand scheme of things. Pressing ACCEPT will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for the time I have spent assisting you and I am happy to answer additional follow up questions even after you press ACCEPT. THANK YOU !!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).