In many cases, homeowners, for one reason or another, are unable to save their homes or find a solution that will stop foreclosure. Unfortunately, many simply wait until the last minute, hoping against hope for a mortgage broker who will come through with a new foreclosure loan, only to be left hanging at the end with nothing besides a rejection. In such cases, lenders may be unwilling to continue to postpone a sheriff sale, and the foreclosure victims will find that they must find a new place to live. How long the eviction takes, though, and the state foreclosure laws will determine what a homeowners next steps should be in planning their lives after foreclosure.
In general, the bank will not start the foreclosure process until the homeowners are 3-6 months behind on payments. They can start as soon as you the loan is in default (31 days late), but most lenders will give their clients the time to get caught up and give them the benefit of the doubt, rather than starting foreclosure right away. Mortgage companies know that some people just have a one-month or short-term financial hardship that causes them to fall behind for a short period, but are then able to recover quickly and begin paying the mortgage on time again and avoid foreclosure completely.
Also, if the homeowners are working with the bank for a repayment plan or mortgage modification, they the lender will be much more willing to postpone the foreclosure filing for a few extra months. Once foreclosure starts, costs go way up, so they may be willing to get the homeowners qualified for a workout program before the situation gets out of control. Even without the actual filing of the foreclosure lawsuit, though, late fees and interest will begin to accumulate, so it is in the best interests of the homeowners to begin saving as much money as possible once they fall behind, as well as contact the lender for options to stop foreclosure.
The time period for the actual foreclosure process will vary from state to state, once the paperwork is filed. The house will be sold at sheriff sale, and then the redemption period begins, if one is offered in the state in which the property is located. For example, some states have no redemption period, while others have a one-year redemption period under the state’s foreclosure laws in order for the homeowners to stay in the property and look for some way to save it. Refinancing, selling, or paying the redemption amount in full can all be done while the foreclosure victims continue to live in the property for the length of the redemption period.
After the end of redemption, though, the eviction process will start. Eviction can usually take 2-4 weeks, depending on how quickly the lender starts the process and how quickly the sheriff can come out to the property and conduct the actual physical eviction. Once that happens, though, the homeowners will be set out on the street and the locks will be changed. It will be better to be out by this point than be evicted, of course, but it is also better to find a solution before the situation reaches this point, as well.
Time periods for foreclosure and the eviction process vary wildly from state to state. Some even have the redemption period before the sheriff sale, while most others have a redemption period after the sale. This is why is important for homeowners to gain the foreclosure information necessary to understand how foreclosure works, and how much time they will have to put together a plan designed to stop foreclosure. One of the best places to start researching is the state foreclosure laws, and the best time to start researching is as soon as possible. Waiting too long to learn how foreclosure works and then not putting together a plan to save the home is almost a sure-fire way to end up homeless and evicted.