Info on eviction and what happens at end of redemption period.

[adviceplease]

Filled BK in 2010, included 1st and 2nd mortgage in and did pay to stay.

In 2011/2012 we were foreclosed on and we are reaching the end of our redemption period in Michigan.

We have moved out but because of a new health problem it is taking us longer to get our stuff out of the old house than expected. Can you please answer some questions on what will happen if we are not out on time?

1) Can they change the locks as of the day after the redemption period ends or do they have to start eviction procedings first?

2) If they start to evict will this go on our credit? We are hoping to buy a home again in the future and do not need another mark on our credit.

3) If it does go on your credit I read that it takes 10-12 days to file, if we are out in that time does it still count?

4) If we are out before the period ends, what happens next? Do we take the keys to them, call the lawyer etc so we no longer have to worry about what happens to the house?

Thank you for any advice.

[ValleYum]

I Googled and found this for you:

After the redemption period is over you automatically become a tenant in the house you formally owned. At this point the new owner must follow the legal procedures for eviction. Again this will vary widely from state to state and you should be consulting with an attorney with expertise in this field if your case has gone this far. The process in Michigan is as follows:

When someone has taken your house at foreclosure they can send you a legal notice to leave the premises under a 72 hour notice.

If you fail to leave after the 72 hours has elapsed the new owner must go to court to present his case before a judge that you should be evicted.

At a hearing the judge will decide if you are to be evicted or not as well as how long you may stay in the house before you must go. Your willingness to pay rent will play a large role in granting more time.

If the judge finds against you and you are unhappy with his ruling you have 10 days to appeal his decision.

If you have been ordered evicted and you have not moved out on your own by the day designated by the court the new owner may obtain an execution of the eviction judgment which will give a sheriff the right to physically remove you from the premises.

A sheriff gives you notice of the execution and as little as 48 hours to move.

Anything left in the house is moved by the sheriff into storage, where you will have to pay fees to get it back, locks are changed; resistance at this point may subject you to arrest.

The eviction process can take anywhere from 6 weeks to 6 months. The average eviction is around 10 weeks.

http://michiganmortgagemodification.com/mortgage-modification/what-happens-after-foreclosure/

From Legal Aid of Wester Michigan's website:

What if I don’t buy back the property and I’m still there at the end of the redemption period?

If you do not buy back the property or sell the property to someone else, then the sheriff’s sale purchaser can file a court action to evict you from the property. They may also offer you “cash for keys,” which is where they pay you a small amount of cash if you agree to move out of the property by a specific date without a court order and leave the property in an acceptable condition. If you are a tenant, you have additional rights under federal law.

The purchaser should not simply change the locks or evict you without a court order. If this happens you should contact an attorney immediately for assistance.

http://www.legalaidwestmich.org/library_client/resource.2010-10-15.2070524377/resource.2010-10-15.6839210085

Good luck! I hope everything goes well for you and you get your property out in time!

PS: The eviction doesn't go on your actual credit report. It goes on your public record and most creditors (other than property rental agencies/apartment complexes and maybe future employers) would not likely be interested in that.

[HomeNow2]

In Illinois and not quite sure.......insight please:

7/11/12 our redemption period ends on a home we gave back in our chapter 7. Just called the bank because we received a post card asking if we lived there....so I called. They informed me that the sale date on the home is 7/18/12 but the court did not send us info of that nature.

We have the U-Haul booked for 8/29/12 and a new place lined up for September.....do we need to go to court in July for anything??? I don't want our stuff tossed on the curb.