We often see people get kicked out of their homes in the movies,unfortunately this doesn’t just happen in the movies. Home foreclosure is one of the greatest fears of families due to debt. Even though this is true we often take our bills for granted in favor of our credit cards. Before we know it bills have easily stacked up and we end up not knowing who to pay first to stop the calls.

Even though your house is being foreclosed there are still legal procedures to follow. Your lender can’t just kick you out of the house. There are laws that protect homeowners from these situations. Here are some of the important facts you need to know when facing a foreclosure.

Can I just get kicked out of the house if I fail to pay my mortgage?

In short: No. The only time you can be removed from your house is with a court order…and that means that you must follow legal procedures.

How long does the foreclosure take before they take my house?

That will depend on how your mortgage lender pursues the case. The usual time is 6 months but that may also vary from state to state.

After the foreclosure, do I have to leave the house?

No you don’t have to. After the foreclosure auction ends the ownership will be transferred from you to the highest bidder. You will become a tenant of the house. The new owner must also follow legal procedures before he or she can evict you out of the house.

In some cases you can become just a “renter” to the new owner. (this is dependent on the new owner of course)

What happens when I get evicted?

The new owner of the house may send you a notice to leave the premises. The notice usually gives you 72 hours. If you fail to follow the notice the new owner must present his case to the court before a judge to get an order for you to be evicted. The judge will be the one to decide if you should be evicted or grant you more time. If you fail to follow the court order the new owner may procure an execution of the eviction order.

The sheriff will give you a notice of the execution and give you 48 hours to pack and leave. If you fail to follow the notice this is the time when the sheriff can physically move you out of the premises.