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Maverick
Maverick, Lawyer
Category: Real Estate Law
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Experience:  Over 13 years experience in civil law.
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Hi, Im wondering what the process is and typical time frame

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Hi, I'm wondering what the process is and typical time frame under current circumstances and economy etc for eviction after forclosure in mass with wells fargo on an FHA backed loan.

My home was retained by Wells fargo at auction, i have an FHA loan so from what I understand is Wellsfargo takes back ownership from me then it gets tranfered to HUD. I was told 2 different things here. I was told before HUD could take ownership you will be evicted unless you make an agreement with them to rent the home and are approved? somebody else to said that varried by state... In mass what is the process typical of this situation and this climate with the current economy and forecloses etc..?? My home auction date was April 19th Here it is may 10th and all i've gotten was a rep coming out looking to inpect the home etc.. thats all I have not let them in or even crossed paths with them yet. they keep leaving # XXXXX call. what is my best path here to avoid getting into trouble but also prolonging my stay.. i at this time have really no place to go.. im in the middle of a bitter divorce etc and all of my $$ is tied up by the court etc... also once they send eviction how long do i have to empty the house etc under mass law and FHA HUD guide lines etc..? thank you! JB
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

The issue of renting the home out is just a plain contractual issue. The new owner of the home can present to you a lease agreement to sign as an alternative to evicting you, if they so choose to do so. This is not likely to happen if you have defaulted on the note. If you are a tenant in a home where a LL has defaulted, there some laws that state that the new owner has to give an option to continue to lease the premises until the existing lease term is completed.

 

It can take several months before the property is sold at an auction. However, if the lender becomes the owner, then it must deliver to you a Notice to Quit before seeking an eviction from the court. If you do not move out as per the notice to quit, then he an file for eviction and a hearing will be held in about 3 weeks. If you lose at the hearing, you will have at least two days to get out before a sheriff comes to your property to evict you.

 

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Customer: replied 3 years ago.

I have a letter dated march 11th from atty firm stating that sale would take place on April 19th it did! it says in the next 60 to 90 days the ownership will transfer. it then says for me to fill out application from HUD to stay in the home and pay rent etc.. i had 20 days to answer. I actually just read this, my life is wrapped up in a bitter divorce with my cheating ex wife etc.. it says that prior to HUD taking ownership i will be evicted but i've heard in MAss that is not the case? So its been almost amonth since Wells fargo retained ownership at auction due to the bid being way out of price range. since it was an FHA loan i'm sure wells fargo put the house at its total loss from me to get paid from HUD fully for it backed up loan. house was almost sold in short sale for 412k but becaue of a last min lien from cc company it was pulled back.. at auction price started at 489k so nobody bid and wells retained ownership. now that process to over deed sounds like 60 to 90 days.. then I guess HUD will take ownership? Can they kick my by just showign up with court order etc or is there a process 1st where I get letters and right to move out etc.. Does HUD require me to be our prior to them taking ownership in mass etc.? I'm packing up house slowly I know the end i near but not knowing if its 10 days or 10 min is nerveracking what would you say is typical these days in ma under these circumstances etc.?

Expert:  Maverick replied 3 years ago.

At any time after the foreclosure sale, you can be given a 14 day notice to vacate. If you fail to move out in that time frame the new owner can file for eviction and that process takes another 3 weeks. If you lose at the eviction hearing, you will have at least 2 more days to get out.

 

 

Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 3431
Experience: Over 13 years experience in civil law.
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