You may expect an eviction if your house is sold because of a foreclosure sale. Whether the sale is by auction, or by a trustee’s sale, the eviction is the legal process by which a property owner physically removes a trespasser.

Evictions for tenants are handled by severe contract law standards and the renter as a rule has more rights than the landlord. In many states, tenants can sue their landlord for violation of contract, possibly trouble and receive many times their monthly rent if they win the law suit. Some cities create it extremely hard to evict renters for any reason. This is not the situation with foreclosure evictions because the former homeowners are not renters. Well-meaning people as a rule tell foreclosure victims about experiences they know about where landlord law was included. Again, this is not the case where foreclosures are included.

Foreclosure evictions are operated slightly differently in most cities so it is important that you contact the court issuing the eviction notice to define what to expect. The person who serves the eviction notice, or posts it on the front door usually is not the same person who will compel the eviction. The eviction will be compelled by a representative of the court, often a county sheriff. From time to time, the person delivering the notice will tell you that you “actually” have an extra 24 hours, but do not await this extra time. Plan on being fully moved out before the actual deadline.

If you are looking at being homeless, contact your local Red Cross or county housing agency for a place to live temporarily and for cash if necessary. If you have the possibility to rent a storage unit for your furniture, store it until you find a place to stay so you aren’t driving a rental truck around town looking for a place to rent. A little preparation is helpful in avoiding tons of aggravation later.

The actual eviction may be operated differently, but as a rule an officer of the court (sheriff or policeman) accompanies the new owner or his representative, to the property and alarms anyone in the premises that the eviction will start in a few minutes. In this case, the owner’s representative is responsible for removing everything they don’t desire from the premises. The people in the premises are being evicted, not the contents of the property! If the contents are junk or the owner doesn’t want any of it, it usually will be thrown into the swale or the street for sanitation to pick up. If the former owners are not in the premises, the things could still be thrown out or kept by the new owner. Take action to resolve your foreclosure early or get moved out before the actual eviction happens.

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