I just received a "Summons Personal Service on a Natural Person", home forclosure, in the name of the woman I lived with for 18 years, that just passed away 14 months ago from lung cancer. This summons says I have 20 day's to respond or loose my case. I have been staying in the residence since she passed. How much time do I have to find a new residence before they take over the house ??
Country relating to Question: United States
State (if USA): Florida
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Good morning. Even though there is no lease and even though a person has not paid any rent, that person becomes an "at will" tenant, which is treated legally as a month to month tenant. As such, after Foreclosure, the new owner must give such a tenant at least 15 days written notice to terminate. Then, if the tenant does not leave, the law does not allow the new owner to forcibly evict a tenant without obtaining an eviction order from a court. What that means is that if termination date comes and the tenant does not move out, the new owner cannot simply change the locks or throw the tenant's things out. Rather, what the new owner has to do is to first deliver a 3-Day Notice to quit...which basically says the tenant has 3 days to leave or face eviction. But, if the tenant still hasn't left, the new owner must then file an Unlawful Detainer 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. Only when a judge has issued the eviction order can the new owner have the tenant evicted. That will buy the tenant a good bit of time.
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How long does it take to complete the foreclosure from the date of this summons ?
It depends upon the diligence of the lender, but typically from a month to several months.
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