[lbo-talk] Why Not Just Walk Away from a Home?

Charles Brown charlesb at cncl.ci.detroit.mi.us
Tue Feb 19 09:25:21 PST 2008


In Michigan, the sheriff's "sale" is not an actual sale of the property , but is followed by a six month redemption period, during which the defaulting mortgagor can pay off what is owed and retain ownership.

Although the parties are not in a court room, the whole process is a legally and court sanctioned one, and at the point of eviction, after the redemption period runs, the foreclosing party does go to court to execute the eviction in the same way as with the eviction of a renter. It's just not summary process, i.e. not faster than normal.

Charles


>>> Steven L. Robinson <srobin21 at comcast.net> 02/19/2008 11:56 AM >>>
In most states, foreclosure takes place without the benefit of ANY court process. In California, it is essentially 3 months (notice of default) + 3 weeks (before the notice of sale). After the notice of sale takes place then (in most states) eviction proceedings can be started if the old owner remains in place.

(Often times, the buyers leave long before the eviction process starts and the house stays empty for a long time - leaving the opportunity of adverse possession.) SR

-------------- Original message -------------- From: Chuck <chuck at mutualaid.org>


> Do homeowners who face foreclosure go through the same court process
as
> renters?
>
> If so, people could delay eviction proceedings by months simply
because
> the court process drags on through multiple proceedings. If more
people
> showed up to contest legal proceedings, the courts would get bogged
> down, which would further swamp these landers.
>
> Chuck
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> http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
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