Have no idea what to do?

[nextwife]

Generally, there is plenty of notice between the foreclosure sale and the time the sheriff shows up with a truck. I wouldn't move until at earliest the first notice to vacate AFTER the foreclosure sale.

Really? Why do you think an already defaulted lender OWES the occupant, who has already been living free through the entire foreclosure process, and is often running up utility bills against the real estate that run to the property, ANY additional time over and above when the bank becomes owner? The honorable thing to do is leave upon confirmation. It is best for neighborhoods if the properties can get cleaned up and back into the hands of property tax paying OWNERs who will take care of long term maintenance needs of the property. Nobody else is going to replace roofs or gutters, paint, side, or do any significant maintenence. Late mom isn't. Nobody is overseeing the long term condition of the property in these circumstances.

It does NOT serve the communities to encourage the "free ride as long as I can get it at someone elses expense" mentality. These homes need to have occupants who are vested in the neighborhood and will take care of the long term needs of the place.

If a person who is living free through many months (and with deceased borrowers for which a Special Administration appointment was necessary BEFORE foreclosure could be started and a minimum of three months gets ADDED to the foreclosure process) of non payment hasn't saved up to move by foreclosure completion, another month or two is unlikely to make a difference.

THey were living there for literally YEARS - no savings accrued during all that time to try to bring the mortgage current or to move is the LENDER's responsibility, WHY? Why is the late mom's lender the one they now consider responsible to provide housing to them at no cost? And why are you stating the lender should be the one to do so, even after foreclosure? Even the Tenant Protection act EXCLUDES the child of the owner.

 

[Mass_Shyster]

Really? Why do you think an already defaulted lender OWES the occupant, who has already been living free through the entire foreclosure process, and is often running up utility bills against the real estate that run to the property, ANY additional time over and above when the bank becomes owner? The honorable thing to do is leave upon confirmation. It is best for neighborhoods if the properties can get cleaned up and back into the hands of property tax paying OWNERs who will take care of long term maintenance needs of the property. Nobody else is going to replace roofs or gutters, paint, side, or do any significant maintenence. Late mom isn't. Nobody is overseeing the long term condition of the property in these circumstances.

It does NOT serve the communities to encourage the "free ride as long as I can get it at someone elses expense" mentality. These homes need to have occupants who are vested in the neighborhood and will take care of the long term needs of the place.

If a person who is living free through many months (and with deceased borrowers for which a Special Administration appointment was necessary BEFORE foreclosure could be started and a minimum of three months gets ADDED to the foreclosure process) of non payment hasn't saved up to move by foreclosure completion, another month or two is unlikely to make a difference.

THey were living there for literally YEARS - no savings accrued during all that time to try to bring the mortgage current or to move is the LENDER's responsibility, WHY? Why is the late mom's lender the one they now consider responsible to provide housing to them at no cost? And why are you stating the lender should be the one to do so, even after foreclosure? Even the Tenant Protection act EXCLUDES the child of the owner.

Why do I believe this? Because that's the law.

You are free to dispense all the moral advice you like. I'll stick to legal advice.

 

[nextwife]

Actually, the law states the possessor, if a writ is issued with the foreclosure, is supposed to vacate by confirmation date. While it may take some time after confirmation to complete evictiion, LEGALLY, the purchaser at sheriff's sale is supposed to be entitled to possession at confirmation in a non tenant situation. This is such. The tenant protection act is not applicable to the son of the owner. This would be the case in situations in which the writ is issued as part of the request for confirmation. IT may be different for the borrower's county, I would not know, nor would I encourage them to find out the hard way.

And the sheriff may give them a week or so heads up to get out before formally evicting, but they do NOT state exactly what day they are returning with the trucks to do the move out, and I've seen many a person who tried to be a wise guy and stay until the last day they thought they could, end up with their possessions on a truck. And some of these were people who'd gone 700 or 800 days without any housing cost and had a source of income.

 

[Mass_Shyster]

You should check caselaw for a definition of tenant.

 

[nextwife]

You should check caselaw for a definition of tenant.

From the Tenant Protection Act (re foreclosure):

Under the PTFA, bona fide tenants have the right to remain in their rental homes for at least 90 days, and often much longer. “Successors in interest,” including new owners or banks, must provide tenants with written notice if they want the tenant to vacate the property:
 If the tenant has a written lease, the new owner must notify them that they can remain in the property for the rest of the lease period.
 If the tenant has a month-to-month lease, or the new owner plans to occupy the property as her own primary dwelling, the new owner must provide them with a written notice at least 90 days in advance

The PTFA protects only “bona fide” tenants. Most renters meet the requirements of this definition. However, the former owner and his or her spouse, parents, or children are not protected by PTFA. Tenants who are paying substantially less than market rate rent or who did not enter into the lease as the result of an arms-length transaction are also not considered bona fide tenants.
A number of states have existing laws protecting tenants. The PTFA preempts existing state law, except where the state law offers greater protection for tenants.
The PTFA was clarified under the 2010 Dodd-Frank Wall Street Financial Reform Act, and will expire on December 31, 2014.
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