How long do I have to live in my house after I am served eviction papers? 16 Answers as of July 09, 2013

I was just wanting to know when your bankruptcy is discharged and how long will it take before my mortgage company has the police come and serve me the eviction papers? Also, how long after they serve me do I have in hours to get out? Is it 30 days or 72 hours. I have heard both answers.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Heupel Law
Heupel Law | Kevin Heupel
You have 15 days after notice of eviction to leave the property.
Answer Applies to: Colorado
Replied: 9/5/2011
Ross Smith, Attorney at Law
Ross Smith, Attorney at Law | Charles Ross Smith III
Your bankruptcy will normally be discharged about 120 days from the day you filed, plus or mins 2 - 3 days for weekends. The bank may take its time serving you with a writ of eviction, or not. That's up to the bank. Every County Sheriff has a person designated as the information officer for foreclosures. Call the Sheriff and find out who it is. You may be surprised at how friendly they are. The Sheriff is an elected officer and banks don't vote. You do. The Sheriff will surely do their duty, but they will do it in a courteous and friendly manner, if you let them. So ask your questions to the Sheriff's deputy and you will get answers on their procedures right from the horses mouth.
Answer Applies to: Ohio
Replied: 9/1/2011
Law Office of Nanina Takla
Law Office of Nanina Takla | Nanina Takla
If your mortgage company has already had a trustee sale on your house and now owns it, it can serve you eviction papers as soon as the stay is lifted. You don't have to leave until there is a judgment of eviction, so getting served doesn't mean that you have to leave. The evictions papers will set a date for the first appearance, usually scheduled about a week after the eviction is filed. You should absolutely go to the first appearance. You should be able to make a deal with the bank's eviction attorney about when you will actually leave. They want to make this deal with you because, even if they get the eviction judgment, they can't change locks and remove your property without the sheriff and they have to pay money to do this. You can also contact your mortgage company and see if they will do a "cash for keys" arrangement, where you agree to leave without them having to start the eviction process. The going rate for cash for keys is supposed to be about $3,000.
Answer Applies to: Oregon
Replied: 9/1/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
This will depend on what stage of foreclosure you were in at the time you filed. When you filed bankruptcy this just stopped the process. After the bankruptcy the process may have to start over or they may pick up where they left off with it.
Answer Applies to: California
Replied: 9/1/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
You are served a 3-day notice to quit as a prequel to filing an unlawful detainer (eviction) lawsuit. Once served, you have 5 days to file an answer. If you file an answer trial will be set in 2-3 weeks. If you are served a 3-day notice you should contact the owner and make arrangements to stay until you are able to move. There isn't much time to stay once the procedures have been put into action.
Answer Applies to: California
Replied: 9/1/2011
    G. Anthony Yuthas & Assoc.
    G. Anthony Yuthas & Assoc. | Tony Yuthas
    A bankruptcy discharge will not give the bank or mortgage company the right to evict you from your home. There must be a foreclosure and sale of the residence. Once that is done, the bank may take steps to evict you if you have not made arrangements to leave. There is no set time for this and it is up to many factors that affect the bank, and it is their decision. If they do decide to evict, then they must take additional court action in County Court which means that you would have to be served again and have a right to answer and defend against the eviction. If the eviction order is granted by the court and served on you by the sheriff, then you wll be given a time to move, or there will be further action by the sheriff's department to remove your property from the premises. The timing here depends on the availability of time that the sheriff has to get this done. Usually it takes 72 hours for a judgment to cure, but this is not usually the controlling time factor.
    Answer Applies to: Colorado
    Replied: 9/1/2011
    Our law firm has challenged many of these for several months, but normally figure 3-7 days.
    Answer Applies to: California
    Replied: 9/1/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    It depends could be a day or a couple of months.
    Answer Applies to: Georgia
    Replied: 6/9/2013
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    I am assuming that you are in default on your mortgage and are in a Ch 7 bankruptcy. The lender will do one of two things. The lender may ask the court for Relief From Automatic Stay. This means the lender is asking the court's permission to foreclose. Or the lender may just wait until your case is closed to start foreclosure. Whenever foreclosure begins, you have title to the property until the foreclosure sale. At that point the house no longer belongs to you. If you stay you are a trespasser. The new owner can bring an Action in Forceable Detainer (eviction.) This is an expedited procedure which takes a couple of weeks at most. The court will issue an order to the Sheriff to evict you. Evictions are generally done by the county sheriff, not police officers. When the Sheriff shows up if you are still there they will start putting your stuff on the street. Many lenders are offering cash payment in exchange for you moving without an eviction. Payment ranges from $1000-$3000. I suspect the banks do not want any more publicity for evicting families after foreclosure. Contact your lender.
    Answer Applies to: Colorado
    Replied: 9/1/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    If you filed your bankruptcy before the foreclosure sale, they need to reset the sale. If the sale went through prior to the bankruptcy then it is like a normal eviction process that requires only 72 hours.
    Answer Applies to: Florida
    Replied: 9/1/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It is a 3 day notice to pay rent or quit (leave). If you don't do either, then they can file for eviction. Once the evitction is granted, they will take the order to the sheriff and have you removed.
    Answer Applies to: California
    Replied: 9/1/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Read your eviction judgment.
    Answer Applies to: Michigan
    Replied: 7/9/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If you are in California and if you are the homeowner or former homeowner if the foreclosure has occurred unless you voluntarily move the new owner (these days, usually the lender) would have to serve you with an unlawful detainer. They can thereafter get a judgment for a court order to have you removed. The Sheriff receives the court order and then posts the property with a notice that they will be back in five days. If you are not gone, then they can remove you from the house, usually by asking you to step outside while the locks are changed and telling you not to return. You would have to make arrangements to get your personal property later if you haven't moved it out. So moving within the five days of the Sheriff posting and cleaning out all of your possessions as well would be as longest you have and would also avoid the Sheriff having to come back.
    Answer Applies to: California
    Replied: 9/1/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    After the foreclosure which can't happen while you are in bankruptcy unless the creditor asks for relief from the automatic stay. It is only a matter of days. But foreclosure can take a long time. First they have give you a Notice of Default, then 90 days later a Notice of Sale. The house will be sold on the sale date in the notice. That will be 20 days after the 90 days expires.
    Answer Applies to: California
    Replied: 8/31/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You should be asking your lawyer who knows. The discharge has nothing to do with when you must move. Whether there was a motion to lift stay and a foreclosure dictates the answer.
    Answer Applies to: Georgia
    Replied: 8/31/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    The buyer will let you know of the purchase. In VA you certainly have more than 72 hours, and maybe more than a month.
    Answer Applies to: Virginia
    Replied: 8/31/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney