Marc Cormier - WHERE DO I TURN? A COMPASSIONATE GUIDE TO AVOIDING FORECLOSURE

(unprotected) by the curb in front of the house.

THE EVICTION PROCESS

Eviction won’t happen immediately. Eviction proceedings won’t commence until after the foreclosure sale takes place, and even then, you will be allowed to remain in the home a while. The timeline varies by state, by the length of your redemption period, and by the basic nature of the process — judicial or nonjudicial. Prior to the foreclosure sale, the lender can’t harass you or change the locks on your doors. In fact, the Homeowner’s Guide to Foreclosure, published by the California Department of Real Estate, urges former owners to stay in their homes at least until the sale is completed, stating that “moving from or leaving your home vacant prior to the foreclosure sale may cause a loss in property insurance coverage. Check with your insurance agent before moving out of your home.” In other words, if you leave the property, it may no longer be covered by your insurance. That leaves the home vulnerable to vandalization, criminal activity, and other problems. With few exceptions, homeowners who lose their properties through foreclosure behave responsibly. As we’ve noted, though, foreclosure can be emotional, especially for individuals already experiencing personal or financial stress. Some individuals are tempted to trash their homes and/or neglect basic maintenance and protection. Behaving vindictively can result in fines or even criminal charges. The lender or trustee might even decide to sell a damaged, run- down property for a lot less than what the borrower owes. You want the home to be in optimal condition, so that it will sell in foreclosure for the greatest amount and reduce your debt as much as possible.

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