-------------- Original message -------------- From: "Charles Brown" <charlesb at cncl.ci.detroit.mi.us>
> 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 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
>
> > 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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