Oliver & Legg
Call today for a free consultation

Blog

How long can I stay in my house after foreclosure?

by | Oct 1, 2018 | Foreclosure

When you fall behind on your house payments, your lender will start the foreclosure process. While you will not have to leave right away, you should be aware that eventually you will likely be forced out of the home. It is best to know ahead of time how long you will have so you can find a new place to live and be ready when the time comes to leave.

According to New Jersey Courts, you do not have to leave the home until after the sheriff’s sale. This can be some time after the foreclosure process begins. The process begins when your lender files the foreclosure with the court. Then, you will have 35 days to file your answer. The court will take time to review your answer and the information filed by your lender. During this process, it can take weeks or months for the court to make a determination on whether your case will go on in the process.

Once the court approves the claim by your lender, the case then moves to a final judgement case. Again, it can take time for the court to issue the final judgement. The final judgement is issued with a writ of execution, which gives permission for a sheriff’s sale.

The sheriff’s sale must be advertised for at least four weeks before it can take place. After the sale, the new owner must go through the court to get you evicted from the property. At that time, you will find out the date by which you must leave. This information is for education and is not legal advice.

Archives

FindLaw Network