The Eviction Laws can be misunderstood by many homeowners and an Eviction Process can be really intimidating for many home owners in default. I received recently, a question from a homeowner in stress:

“If you live in a house and are losing it , have been living in it for 6 months paying no mortgage, will they just show up at our door and say ok you have to leave? or will we get some kind of 30 notice to leave?”

Answer: It will depend in your state. Some states are under a Judicial foreclosure and others under a Non-Judicial foreclosure system. You may want to understand the Foreclosure Process and the Eviction Laws of your state. Look at foreclosurelaw.org

To understand the EVICTION PROCESS, you need to learn the following common points (although every state is different, and using different names for every point):

1.- DEFAULT: This period is between the first 30 days to 90 days being late in the payment of your mortgage.

2. Notice of Default (NOD).- At 90 days late, you will receive a Notice of Default from the lender, asking for the payment or your house will be foreclosed.

3. Notice of Sale (NOS).- At 120 days late (most states) a trustee or an attorney will send you a Notice of Sale. In this letter, they must specify when will be the date of the FC sale.

4.- FORECLOSURE: After receiving the Notice of Sale your home will be sold in a public auction from two to eighteen months later, depending in your state. This entire period any homeowner can legally continue living into the property without making payments.

5.- REINSTATEMENT PERIOD.- Around 50% of the USA states use to give by law a period of Reinstatement once the property was foreclosed, so you can find a loan to purchase again the property. It also gives a legal permission to stay into the property rent free for a determined period of time. Do your state allows Reinstatements?? If so, for how long?

6.- EVICTION.- MUST BE AN OFFICIAL NOTICE FOR THIS. When the property is already sold, or the Reinstatement Period is over, you will be contacted by the new owner or a representative. They may offer you CASH FOR KEY if you leave the property the next couple of weeks (or more) in good conditions. If you didn?t leave after 30 or 45 days, the new owner MUST FILE A COMPLAINT IN COURT, to start the Eviction Process and get you out from the property under the eviction laws. Then, you will receive an EVICTION NOTICE from a Judge, stating that if you dont leave on a DETERMINED DATE, the sheriff will go to the property to take you and your family out of the property and lock the doors. You will not be able to take out your belongings after that.

As a consumer, you have rights. You can stay at your home without making payments, until you have a legal eviction.

NOT EVEN A SHERIFF CAN TAKE ANY HOMEOWNER OUT FROM HIS HOME WITHOUT THIS NOTICE FROM COURT.

There are a lot of states allowing homeowners to stay into the property up 18 months without making payments to their mortgage. You need to check the laws of your state.

YOU WANT TO AVOID FORECLOSURE. Learn how to do it.

Specifications: You have to understand I?m not an accountant, or a lawyer, or a tax analyst giving you tax, financial or legal advice. These suggestions are not a substitution for the outlook of a knowledgeable attorney. Nevertheless I?m a Financial Instructor in Arizona doing Business Coaching, Marketing Coaching, Real Estate investments, Credit Repair, Foreclosure Prevention, Residential and Commercial Loans, Mortgage Training and Origination since 2002, I dont declare Im giving legal guidance in this piece of writing to your exact circumstances. This writing was created to inform homeowners in mortgage stress. This writing should be not interpreted to be legal advice for your own conditions. This writing is only for individual information. Under no conditions this article should be understood as a legal advice to market, purchase or keep any house.