foreclosed when do you have to get out?

[SMURFEELAW]

What is the name of your state?AZ

Quick question....At least I hope it is quick. If you are foreclosed on and there is a notice of trustee sale dated for dec 10th when do you have to be out by if you cannot save it? (can't escape foreclosure in bankruptcy as written in the deed of trust and won't be able to bring payments up to par and can't sell it)

Thanks in advance

[Ciarraine]

Originally Posted by SMURFEELAW

What is the name of your state?AZ

Quick question....At least I hope it is quick. If you are foreclosed on and there is a notice of trustee sale dated for dec 10th when do you have to be out by if you cannot save it? (can't escape foreclosure in bankruptcy as written in the deed of trust and won't be able to bring payments up to par and can't sell it)

Thanks in advance

December 10th. Go see a Bankruptcy lawyer anyway. Maybe the clause is not compliant with the law.

[dworrill]

The Sheriff will let you know

[HomeGuru]

[quote=Ciarraine]December 10th.

**A: not correct.

[Ciarraine]

[quote=HomeGuru]

Originally Posted by Ciarraine

December 10th.

**A: not correct.

Ok sure, he can wait for the sheriff to show up with a writ of possession, but he will not necessarily know when that day comes. Better to move before all your stuff is on the street corner.

[SMURFEELAW]

The loan was through USDA and there is a clause for no homestead exemption in filing bankruptcy, it is a Gov't sponsered loan that only required about $340 a month for a 3 bedroom house of 1200 sq. ft. Don't you love where our tax dollars go. Obviously this is not my home but the home my fiance daughter is suppose to be visiting and we were hoping to find out when the home would no longer be able to be used in order to figure out what sort of visitation to set up and so we know where the child will be staying (all visitation is to be supervised) anyway thanks for the help it sounds to me like she can stay until the sheriff literally removes her from the premises (is that right?)

[Ciarraine]

Originally Posted by SMURFEELAW

Don't you love where our tax dollars go.

In the case of USDA creating affordable housing in rural america, yes.

Originally Posted by SMURFEELAW

anyway thanks for the help it sounds to me like she can stay until the sheriff literally removes her from the premises (is that right?)

Yes. Although that's not advisable and probably traumatic for the children involved. I stand by my assertion that she ought to be out by the 10th.

[SMURFEELAW]

Originally Posted by Ciarraine

In the case of USDA creating affordable housing in rural america, yes.

I don't want to draw out a big debate, AND I TRULY DO APPRECIATE YOUR QUICK RESPONSE, but I have to comment and I didn't post this before so of course you wouldn't know, this case in particular is a person who got this loan by not working, living completely off the state and as it turns out can't afford $340 a month b/c it cuts into a bad drug habit (hence why my fiances' daughter is now with us and this person only has supervised visitation (which is scheduled on Dec 10th)) I do believe in these loans for people who are willing to help themselves and not be a sponge off my tax dollars when there are legit hard workers that need the help and will become productive members of society b/c of the help. Anyway that's a whole other can of worms


Yes. Although that's not advisable and probably traumatic for the children involved. I stand by my assertion that she ought to be out by the 10th.

Again I appreciate your help and yes this is why I was aking b/c my fiance is suppose to send his daughter to her (200+ miles away) on the 10th, I made a typo the trustee sale is on the 9th and he is worried where the daughter will stay and if he should act now to try to circumvent any trauma the child may suffer by going through this. Like swapping weekends or something. Again Thank You.

[dworrill]

What happened to the 'best interest of the child?' Drugs and children don't mix. You should be asking questions under a different topic. i.e. family law, child custody, parental rights, etc.

[SMURFEELAW]

Originally Posted by dworrill

What happened to the 'best interest of the child?' Drugs and children don't mix. You should be asking questions under a different topic. i.e. family law, child custody, parental rights, etc.

Actually my fiance already got that. He went to Court on the 22nd of oct and it went from mom sole to mom and dad joint legal but dad has primary and mom only has supervised visits. I was posting here b/c mom is suppose to have supervised visits at her house on dec 10-dec 12 and I don't know when she will have to be out of her place and my fiance wants to know where his daughter will be. Mom won't speak onthe issue at all. The best interest of the child was the first and foremost concern and has been taken care of I was hoping to find out when a person had to vacate the premises so we are prepared for the next battle. Thank you for all advice.

[dworrill]

Under the circumstances, the visitation may not be proper. i.e. foreclosure.