How To Delay Eviction After Foreclosure

Foreclosure is a daunting experience. And the end of the stressful process usually comes with an eviction notice. Knowing your rights and available options can help you buy precious time to find alternative housing or even rectify your financial situation.

Before we get into the article, know you will have few options when you reach eviction proceedings. 

Understanding Foreclosure and Eviction

The Foreclosure Process

Foreclosure begins when a homeowner misses mortgage payments, prompting the lender to initiate legal proceedings to reclaim the property. In Massachusetts, the process involves several steps:

1. Late Payment: After a grace period, typically 15 days, lenders will contact the homeowner about missed payments.
2. Default: After 30 days without payment, the loan is in default. Lenders increase efforts to collect payments and may send a right-to-cure notice.
3. Right to Cure Notice: This notice gives homeowners 150 days (or 90 days in some cases) to catch up on payments to avoid foreclosure.
4. Acceleration Notice: If the debt isn’t cured, the lender can demand the entire mortgage balance due immediately.
5. Notice of Trustee’s Sale: The lender schedules a sale date and publishes the notice.
6. Auction: The property is auctioned, and the highest bidder wins.
7. Eviction: Post-auction, the new owner can initiate eviction proceedings to remove the occupants.

The Eviction Process

Once the property is sold, the new owner can start the eviction process:

1. Notice to Vacate: The new owner provides a notice period (usually 3-30 days) for the former homeowner to vacate.
2. Court Proceedings: The new owner files an eviction lawsuit if the homeowner doesn’t leave.
3. Eviction Order: A court order is issued for eviction.
4. Forced Eviction: Law enforcement may remove the occupants voluntarily if they do not vacate.

Legal Strategies to Delay Eviction

Filing for Bankruptcy

Filing for bankruptcy is one of the most effective ways to delay eviction. Bankruptcy triggers an automatic stay, temporarily halting all eviction proceedings:

1. Chapter 7 Bankruptcy: This can delay eviction for a few months but not provide a long-term solution.
2. Chapter 13 Bankruptcy involves a repayment plan, which allows homeowners to catch up on missed payments and possibly keep their homes.

Contesting the Eviction in Court

Challenging the eviction in court can delay the process. Homeowners can argue procedural errors, improper notice, or issues with the foreclosure process:

1. Procedural Errors: If the lender didn’t follow legal procedures, eviction can be contested.
2. Improper Notice: Invalid notices can delay eviction proceedings.
3. Foreclosure Issues: Disputing the foreclosure’s legitimacy can provide additional time.

Applying for Legal Aid

Legal aid organizations can assist those facing eviction:

1. Legal Representation: Attorneys can represent homeowners in court and potentially identify flaws in the eviction process.
2. Legal Counseling: These organizations offer guidance on rights and options, aiding negotiations with new owners.

Practical Strategies to Delay Eviction

Negotiating with the New Owner

Direct negotiation can result in agreements to delay eviction:

1. Cash for Keys: Offering to leave peacefully in exchange for cash can buy extra time.
2. Rental Agreement: Proposing to stay as tenants might appeal to new owners.

Seeking Temporary Housing Assistance

Various programs provide temporary housing solutions:

1. Government Assistance Programs: Programs like the Emergency Solutions Grant (ESG) offer rental assistance.
2. Nonprofit Organizations: Charities and nonprofits provide temporary housing and support services.

After The Foreclosure Sale

In some states, foreclosed-on homeowners can regain ownership of their homes through “statutory redemption” or “right of redemption.” During a certain period, you can redeem your property by paying off the house’s purchase price. This is not likely in Massachusetts. Most foreclosures in Massachusetts are nonjudicial.

Judicial Foreclosure

In judicial foreclosure, the lender sues the borrower in court to foreclose. The court oversees the process, ensuring legal compliance and borrower rights, typically extending the timeline significantly.

Non-Judicial Foreclosure

Non-judicial foreclosure bypasses court involvement, following state-mandated steps with a power of sale clause. It is faster, often concluding within a few months, but offers fewer opportunities for borrower contestation.

If you don’t have the financial muscle to save your home, you need to find a solution fast. A foreclosure can hurt you and your family financially in the following ways:

• Drop your credit score by 100 or more points
• Prevent you from buying a house and securing loans for 3-7 years
• Make it difficult for you to find another place to live
• Forgiven debt is viewed as taxable income by the IRS

Selling your home because of financial issues is the last thing you want when you become a homeowner. However, the consequences of foreclosure may outweigh staying in your home, awaiting the inevitable. We can help you avoid the foreclosure process and possibly pay off all your debt with an all-cash offer.

Chat with the real estate experts at New England Home Buyers to discuss relieving yourself of your financial obligation.