Jul 06 2010
What A Foreclosure Eviction Means
You can expect an eviction if your home is sold as a result of a foreclosure sale. There’s no difference if the sale is by auction, or by a trustee’s sale. The eviction new york court process is the legal process in New York by which a property owner physically removes a tenant. Every jurisdiction has its own type of evictions court.
Evictions
Often, landlord tenant matters are handled by restrictive legal standards, and the former owner as a rule has more rights than the new property owner. In many states, tenants can sue their landlord for violation of contract, possibly violation of local town laws and receive a verdict for many times their monthly rent if they win. Several cities create it rather hard to evict renters for any reason. This is not the case with foreclosure evictions because the former homeowners are not legally considered tenants. Well-meaning people often tell foreclosure victims about experiences they learn about where tenant law was involved in a foreclosure action. This is not the typical case where foreclosures are involved.
Foreclosure evictions are handled slightly differently in most cities so it is essential that you contact the court issuing the eviction notice to determine what to expect. The individual who handles the eviction notice, or posts it on the front door usually is not the same person who will enforce the ny tenant landlord eviction. The eviction will be prosecuted by a representative of the bank, and will often conclude with a county sheriff enforcing the eviction. Occasionally, the person delivering the final notice will tell you that you “actually” have an extra 72 hours before the sherriff come to move you, but do not plan on this extra time. Plan on being fully moved out before they return.
If you have no place to move to, contact your local Red Cross or county housing agency for an area to stay temporarily and for cash if necessary. If you have the ability to rent a storage unit for your furniture, store it until you find a place to move to so you aren’t driving a rental truck around town searching for a place to rent. A bit of preparation is helpful in evading tons of aggravation later.
The actual eviction may be handled in different ways, but as a rule, within days after service of the final notice, an officer of the court (sheriff or policeman) accompanies the new owner, or his representative, to the house and informs anyone on the premises that the eviction will begin in a few minutes. In this situation, the owner’s representative is responsible for having someone remove everything they don’t own from the premises. The people on the premises are being evicted, in addition to the contents of the property. If the contents are junk, or if the owner doesn’t desire any of it, it usually will be thrown on the front lawn or the street for sanitation to dispose of. If the former owners are not on the premises, the property could still be thrown out or kept by the new owner. Take action to settle your foreclosure early, or leave before the actual eviction happens.
