Foreclosure Vacate
Mortgage Foreclosure: Notice to Vacate?
I got a letter saying that my home was sold at a foreclosure sale in accordance with MCL 600.3201 et. seq. under a power of sale contained in mortgage securing said Property, and title under the sale has been duly perfected. The new owner seeks to recover possession of the Property in good faith to market and sell the Property.
Within seven (7) days after service of this notice, you are herby required to vacate and deliver possession of the Property now held and occupied by you to the undersigned unless you are a tenant or subtenant who rented the Property before the foreclosure sale.
It wasn’t served… It just came in the mail… I’m just wondering why didn’t I go to court?
Can I file an injunction?
In every state, the “Notice to Vacate” is mailed out AFTER the Notice of Foreclosure. The Notice of Foreclosure gives you (in most states) 30 days to come up with the money to pay off your mortgage. After the 30 days, another period of time is given when the “foreclosure sale” is announced. It is only then, after the home is actually sold, that you get the “Notice to Vacate.” The only argument you have to keep your house is if you were NOT given notice of the foreclosure and the notice of sale. These notices are required to be sent out by certified or registered mail so if one was sent, a copy should be on file with the state.
If you were sent these notices but ignored them, the Sheriff will help move you out within the period specified in your seven day notice. If, however, your eviction is faulty, you have an argument to keep your home. However, at this point, you definitely need an attorney because if they are telling you to get out, the home you live in has already been sold and the new owner has his own set of rights to possession.
The worst part about this is if the sale of the home didn’t cover what you owed, the bank (or whomever owns the mortgage) can come after you for the deficiency and, even though you have no home, you may STILL owe money!
Your best hope is that your mortgagor dropped the ball and did not send you the required notices. No legal action can be taken against you without due process of the law. That’s in the Constitution (14th amendment). I hope they screwed up so you have a fighting chance to keep your home.
Millions of Foreclosures Vacated; Newly Discovered Evidence CEPersVid-51
