How Long Can I Stay In My House During Foreclosure?

DesalojoOne of the first things I am asked by a chapter 7 or a chapter 13 bankruptcy client is:  “How long will I be able to stay in my house during Foreclosure?  Once you fall behind in payments the mere hint of the word from your Mortgage Loan Company or loan servicing company stirs the most dreadful thoughts.

First you think of burly men coming to your home when you are away to put your private property on the curb.  Scavengers are next in line.  Before you know it your valuables have been picked clean.  Not only do you not have a house, but everything you have worked for over the years is gone forever.

I know a person who leased other housing arrangements as soon as she realized that she would no longer be able to afford the current mortgage payments.  I tried to calm her down and explain that nothing goes that fast in a legal proceeding.  I told her she had plenty of time.  She would not believe me without a guarantee.  It may not be a guarantee, but it is an explanation:

Let me set out a time line for a “normal,” undefended foreclosure case in Cleveland or Elyria from the date you miss your first payment.

  1. You fall behind in your payments
  2. In 60 to 90 days you start getting phone calls.
  3. After 4 to 6 months the case is referred to a foreclosure law firm.
  4. After 5 to 7 months a civil lawsuit called a foreclosure is filed with the common pleas court.  Very rarely, in fact once, I have seen the foreclosure filed in the United States District Court in Cleveland.
  5. Everything goes on hold until you are served with a copy of the complaint.
  6. Once you are served you have 28 days to respond to the complaint by filing an answer.
  7. The case is referred to a foreclosure magistrate.
  8. 9 to 10 months attorney for the Mortgage Loan Company files either motion for default judgment or motion for summary judgment.
  9. Court grants motion.  Court issues judgment on the mortgage note.  Order of Sale issued to the County Sherriff.
  10. 12 to 13 months Sale Scheduled Notice of Sheriff Sale published in Paper
  11. 13 to 14 months Sherriff Sale Foreclosure scheduled.
  12. Within 30 days after sheriff sale confirmation sale filed with the court.
  13. Motion for Eviction Filed with the Court.  I have seen these take as long as 6 to 8 additional months, much earlier if the buyer is a private party who wants possession of the house.

From the time you miss your first mortgage payment to conclusion of the Sheriff sale in Lorain County in Elyria, or Cuyahoga County in Cleveland you can reasonably expect to have to be out of the house in about twelve to 14 months.  You can further extend this time but not signing for certified mail, hiring a lawyer and defending the Elyria Foreclosure or Cleveland Foreclosure, or by filing a chapter 7 or a chapter 13 bankruptcy any time before the Sherriff Sale.  Loan modification discussions may interrupt the foreclosure, but don’t bet on it.

The key is to remember that you have time.  Just don’t wait to the last minute.

A more recent development in the foreclosure process is, “What happens if the house does not sell at the Sherriff Sale?”   That will be the subject of a future blog post.

Comment? Click below.

Creative Commons License photo credit: Daquella manera

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Bill Balena

Bill Balena is a Bankruptcy attorney with an office in Westlake, Ohio. He represents consumers in Chapter 7 and Chapter 13 cases. He is a former criminal prosecutor, and an accomplished OVI, DUI, and DUS trial attorney.

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William Balena
Lorain and Cuyahoga County Bankruptcy Attorney

30400 Detroit Road
Suite 106
Westlake, OH 44145
(888) 633-5426 Toll Free
(866) 936-6113 Toll Free FAX
(440) 365-2000 Local Elyria Number

By appointment in Elyria

I am not your lawyer, and nothing in this site creates that relationship. Bankruptcy law requires that for me to be your bankruptcy lawyer you and I must have a written contract. So, unless we both agree in writing, you are not my client.

I am a debt relief agency. I help people file for bankruptcy relief under the bankruptcy code.

Comments

  1. says

    That’s right Bill, nothing happens over night in the legal world. Sure, being served a foreclosure lawsuit is a traumatic event for a lot of folks, but by no means does it mean that person will be homeless any time soon.

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