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  • Answered by:RE Att. & Developer
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Customer Question

we are being evicted from our home due to a forcloser how long do we have to move out

 

Optional Information:
State/Country relating to question: Alaska

Submitted: 361 days and 16 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED
Picture
Expert:  RE Att. & Developer replied361 days and 16 hours ago.

Hi there. Are you tenants or the former owner?

Customer replied361 days and 16 hours ago.

former owners

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Expert:  RE Att. & Developer replied361 days and 16 hours ago.

Thanks. This will depend somewhat on the diligence of the new owner...whether it is the bank or a third party....but I can provide you the minimum time period after the foreclosure. Once the foreclosure sale occurs, if the prior owner does 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 7-Day Notice to Quit...which basically says
the prior owner has 7 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.



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