5 DAYS TO VACATE ?? Can I get more time?
February 9, 2010 - 7:25 pm
In the state of Virginia what are the rights of someone who forclosed and a realestate (Century 21) bought the house.
A letter came to today saying we have to vacate the property within 5 days.
This doesn’t give much time to find a house for myself and 2 small children.
What are the laws and can’t I get more time??????
HELP
you should have been moved or in the process of moving by the time the house was put up for auction or the very second you knew Century was going to be buying it. you no longer own that house, so technically you are squatting, and your lucky they even gave you any notice. given the circumstances they could have just sent the cops around to get you out.
February 10th, 2010 at 12:58 am
It was my understanding that all states gave at least 30 days notice before vacating. However, it seems that if you were foreclosed upon, you might have known this was coming. I hope you get an extension anyway!
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February 10th, 2010 at 1:10 am
You were supposed to be out by the date of the foreclosure sale! You’re lucky they are giving you 5 days. Get cracking.
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February 10th, 2010 at 1:37 am
By law they have too give you a 14 day letter too quit then if you haven’t found a place then they bring you too housing court don’t let them get too you.Let a judge decide.
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February 10th, 2010 at 2:08 am
The vacate notice should not have been a surprise to you since your house was in foreclosure. Your housing problem is your problem if you have left things until the last minute. If you do not vacate in 5 days the police can remove you from the house. Stop wasting your time on yahoo or you will soon find yourself on the street.
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February 10th, 2010 at 2:24 am
You should have been all packed up and ready to move by the time it went to auction. Someone in my sister’s neighborhood was given 3 days after another bank bought their home.
There may be a difference whether you are the former owner, or a rent paying tenant of the former owner. If you are the former owner you have already been living there for free for awhile.
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February 10th, 2010 at 2:32 am
I bought a house last year that was a foreclosure, I would have been upset if someone was still living in it after I bought it. However, I will give you answer you seek:
Virginia Eviction Synopsis
In Virginia, an unlawful detainer is the most common action used to obtain possession of real property after a foreclosure sale. Following a foreclosure sale, the purchaser must demand possession of the property and provide the occupant, by certified return receipt mail, with a notice to vacate. This notice to quit gives the occupant five (5) days to vacate before the filing of the unlawful detainer.
Filing the unlawful detainer in the district court initiates the actual legal proceeding to evict the occupant. The summons states that the plaintiff is the owner of the property and the defendant is the former borrower or an unknown occupant holding over after a foreclosure sale. Once the summons is filed, the defendant is served with process by the sheriff.
A hearing is scheduled for three (3) to four (4) weeks from the date of filing. At the hearing, if the defendant and or unknown occupant does not appear, then the plaintiff is entitled to judgment for possession (the order allowing eviction) by default. If the borrower or occupant appears and contests the matter, a trial is set, normally resulting in an order that the purchaser is entitled to Writ of Possession. At a contested hearing, the purchaser must present evidence that the foreclosure occurred and that the party seeking the eviction was the purchaser at the foreclosure sale, or a transferee of the purchaser. Once these facts are proven, the purchaser is usually granted a judgment declaring that it is entitled to possession of the property. The judgment becomes final in ten (10) days if the borrower or occupant does not file an appeal.
After the ten-day appeal period expires, the court issues a Writ of Possession. Once the order has been entered and a Writ of Possession is issued, the lender must schedule the eviction with the sheriff’s office. The writ is usually executed within two (2) to four (4) weeks of it being issued. The writ expires if the eviction is not completed within thirty (30) days of issuance. The lender’s labor crew, under the supervision of the sheriff, carries out the eviction. On the scheduled date, the personal property is "set out" on the curbside.
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http://www.msplaw.com/practice_areas_evictions_process_summary.asp
February 10th, 2010 at 3:16 am
you should have been moved or in the process of moving by the time the house was put up for auction or the very second you knew Century was going to be buying it. you no longer own that house, so technically you are squatting, and your lucky they even gave you any notice. given the circumstances they could have just sent the cops around to get you out.
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February 10th, 2010 at 3:33 am
Lets see you knew that the home was being foreclosed for months now so why did you not make plans for it? Yes living for free. You had the time you just did not act on it now you are crying about it. Hey noones fault but your own
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