How long do we get to stay in our house after the sheriff's sale?

[mommiegeek]

What is the name of your state? OH

Another foreclosure question.

I have been researching timelines, etc for foreclosures and sheriff's sales but have not found anything that isn't just requotes of standard legalese.

Our house is scheduled for a sheriff's auction in June. How long after the auction do we have to find a new place to live and vacate the premises? Anyone with real life experience in north eastern OH and foreclosure proceedings? We are currently looking for a new place to live, but don't want to move til (ironically) June when the school year is up (we have a daughter), so we're not finding anything yet. But I'm just wondering how long we will have.

 

[FarmerJ]

Have you searched other recent postings under this subject in this site ?

 

[divona2000]

Play it safe, get ready now...

What is the name of your state? OH
Our house is scheduled for a sheriff's auction in June. How long after the auction do we have to find a new place to live and vacate the premises?...We are currently looking for a new place to live, but don't want to move til...June when the school year is up...so we're not finding anything yet. But I'm just wondering how long we will have.

Refer to the following link for the full article- http://www.foreclosureuniversity.com/studycenter/foreclosurelaws/ohio.php

"The Sheriff will schedule the Sheriff's Sale for an auction, and publish a notice of the Sale for at least 30 days prior to the Sale date in a newspaper...the sheriff will conduct the sale at the courthouse and the property will be sold to the highest bidder... the court files an order confirming the Sheriff's sale.

Ohio foreclosure law states that evictions can be accomplished through a writ of possession through the Sheriff, in the event the occupants were named as parties in the foreclosure action and served with a summons. Otherwise, possession may only be recovered through a municipal court eviction action. In ether cases, the process takes approximately 6 weeks until the move out."

Please note the word approximately, and do read the other forum posts on the subject. You may have about 12-16 weeks left in the home, depending on the sale date.
My suggestion? Start serious house hunting/packing now. Remove the possessions you need to keep and put them in rental storage, retain just what you need to live on at the house, and sell the rest. What will you do if you get evicted and haven't found a place? Will a landlord even rent to you with your bad credit?

 

[LindaP777]

divona2000 has good advice. I buy houses at sheriff's sale in Ohio. I'll give you best case scenario and worse case scenario. What will probably happen is something in the middle. You will be given notice, but worse case might only be a few days.

Worse case scenario; House is bought by an investor who doesn't want to beat around the bush. As soon as the Sheriff has prepared the deed (usually around 30 days in my county, but you can call your sheriff's office and ask them), the new owner records the deed and files for a writ of possession. Once you receive the writ (you will be served), you have 5 days (or was it 3 days?) to be out, or they can set you out at the curb (like an eviction).

Best case scenario; Your house is bought back by the bank holding the mortgage (this will happen if there is not much equity in the house). If they are slow, they won't get around to asking you to leave for a few months. They hire a Realtor to sell the house and the Realtor negotiates with you to move offering "cash for keys". I have seen Realtors offer former owners up to $1500 to move by a certain date.

If I were you, I would go to the sheriff sale and find out who buys your house. If it's an investor, talk with them and find out their expectations. If it's the bank, you may want to wait it out, but the bank is under no obligation to be nice to you. I'd be prepared to move 30 days after the sheriff's sale.