What Happens During A Foreclosure Eviction Process When You Refuse To Leave?

The exact process of foreclosure eviction may vary significantly depending upon an array of factors, such as the state the property is located in and the kind of eviction notice the court orders. There can be typically one of the two options you can choose to go for. The first option is where you are sent a notice to vacate the premises within a certain period of time (it can be as short as 72 hours after receiving the notice) and you leave your home within that specific time frame without showing any resistance. The second option where you refuse to vacate the premises will obviously invite troubles unless you have a reasonable gerund to stay. In general, the eventual troubles come in the following way.

The Lender will Go To Court

If you continue to live in your home even after getting the foreclosure eviction notice and refuse to vacate the premises, the new owner or the bank will file a lawsuit in the court and ask for a hearing. It is important to note that even at this stage, no one (not even your lender) can straightaway kick you out of your home especially if you have an experienced eviction lawyer on your side. It is entirely up to the court to make a judgment after the hearing whether you should be evicted and when. The court may allow you to stay in your home for a certain period of time before moving out. In most cases, you can easily convince the court to grant you more time by showing your willingness to pay rent for the extended period.

You File An Appeal Against The Court Judgment

If you are not happy with the court judgment and still do not want to vacate the premises, you can file an appeal in an upper court. The statute of limitation to file such an appeal is approximately ten days, but again, the actual time frame depends upon the state the property is located in.

Your Appeal Gets Rejected – Even The Upper Court Orders Your Eviction

If even the upper court rejects your appeal and issues an order for foreclosure eviction, you will have no other option but to vacate your home by the court designated date. If you still refuse, the new owner or the bank has the right to get the eviction judgment executed. Basically, it means the sheriff will force you physically to leave the premises.

The Sheriff May Allow You Some More Time

However, even the sheriff does not use any physical force right away. In most cases, they give some time (typically 24 to 72 hours) for you to vacate your home. You will get a notice in this regard. If you still fail to leave, the sheriff will physically move you.

You Can Be Arrested If You Still Resist

If you use any physical force against the sheriff, it will be considered as a serious criminal offence, which may result in a certain period of time in jail; yes, you can be arrested.

After the process of foreclosure eviction is complete, the locks on the home are changed. If some of your belongings are still left in the premises, that will be packed and moved into a storage facility. You will be liable to pay the storage fee or other related costs in order to get back those belongings.