Foreclosure 101: The Eviction Process

August 25, 2008 by on Stop Foreclosures

One of the things you would like to consider when in the business of foreclosure investing is eviction. There are certainly situations when the owner or tenant of the foreclosed property that you have bought has not yet left the premises. Before this becomes a problem for you, you might want to brush up on the local eviction laws. This way, you will be working within your rights.

You should probably know that eviction laws vary from state to state. You will normally need to file a lawsuit against the owner or tenant for Unlawful Detainer. Be prepared to wait since it could take up to 45 days before you can lawfully obtain possession of the premises via a “Request to Enter Default”. In some instances, the tenant employs delaying tactics.

The most common tactic involves the tenant avoiding to be served the Unlawful Detainer lawsuit paperwork. There are cases when the tenant hides out and resides with relatives or friends in order to run from the server. Such delaying tactic could cost you 25 days.

Another tactic involves the tenant requesting to set aside the “Request to Enter Default” due to reasons of “excusable neglect”, surprise, extrinsic fraud and mistake. In addition, the tenant will request for another chance to go to trial. This will cost you another 14 days at the most.

If the tenant lost the trial, a Notice to Vacate will be posted on the door of the property and will require the tenant to vacate the premises within five days or else, be physically removed from the property. Some tenants will then file an “Application for Stay of Execution” in order to delay the eviction.

There are many other delaying tactics that you should be aware of and be prepared for. It will be best that you hire a lawyer to deal with the eviction in order to avoid getting frustrated and make costly mistakes.

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