How Does Eviction After A Foreclosure Work?

After a foreclosure ruling, your first concern is likely whether or not you’ll be evicted and where you’ll live if you are. You may not know that even when your house has been foreclosed on, you could still have options to stop an eviction.  

If you are a homeowner facing eviction after foreclosure and hoping to stop the process, working with a foreclosure defense attorney may help ensure you are aware of all your options to stop your eviction and continue defending yourself.

Denbeaux & Denbeaux Law is committed to helping New Jersey homeowners facing foreclosure. If you have questions about the foreclosure process or fear being evicted from your home, contact us today for a free consultation to see how we may be able to help you.

The Eviction Process After Foreclosure

After the court grants a foreclosure, reselling the home begins. Selling a foreclosed property is very different from how one would typically sell a home. 

A foreclosed house must be sold through a sheriff’s sale. A sheriff sale auctions a foreclosed home through the sheriff’s office. Before a sheriff’s sale can occur, however, specific procedures must be followed as part of the New Jersey eviction process.

If no one buys the house at the auction, it will be bought by the lender. After the sheriff sale, there should automatically be a ten-day right of redemption period. The right of redemption is a period of time in which the homeowner can pay the total amount owed or file a motion to set aside the sheriff’s sale. 

If the homeowner can pay the total amount owed on the home, then they could gain back ownership of the property. Filing a motion to set aside the sheriff’s sale is a method to stop eviction after the foreclosure auction has already occurred. A motion to set aside a sheriff’s sale is a nuanced legal procedure. If you choose to take this route, it is recommended that you consult a foreclosure attorney

If the right of redemption expires without full payment from the homeowner, a buyer will pay the total purchase price and receive the deed for the home. Once they possess the deed, the new owner can apply for a writ of possession, which authorizes the sheriff to evict any occupants from the property. 

Once the writ of possession has been granted, the sheriff will schedule the eviction. Homeowners should be notified of the scheduled eviction date through a written notice. This notice gives the homeowner time to prepare and take steps that could potentially stop the eviction. Actions you can take at this point include a hearing to postpone the eviction or, in some cases, filing for bankruptcy if all other options have been pursued. 

Get Help From an Experienced Foreclosure Attorney

There is no definite answer regarding how long the process from foreclosure to eviction can take. However, the New Jersey eviction process after foreclosure provides many opportunities for the homeowner to try and delay or stop an eviction. Even after a sheriff’s sale, you may still have options to protect yourself from being evicted. 

Working with a foreclosure lawyer can help you through this process and may help ensure that you have explored every option to prevent losing your home. Joshua Denbeaux is an experienced New Jersey attorney who has worked on foreclosure cases for over 15 years. 

If you have already received a foreclosure judgment and are facing eviction, contact Denbeaux & Denbeaux Law today for a free consultation. 

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