Pre Foreclosure Myth: The Sheriff Can Show Up With No Notice And Throw My Family Out

By
Real Estate Agent with Keller Williams Realty Louisville East (502) 664-7827

Many families who are behind on payments live in fear that the Sheriff will come with no notice and throw their family out of the house. They are also afraid of every knock on the door.

I help many families avoid foreclosure by negotiating a short sale with their lender. I speak with distressed sellers every day. I am acutely aware of these fears.

Homeowners Are Afraid They'll Come Home To A Locked Up Vacant House

Numerous times sellers have asked me or told me that they are afraid that they will come home from work and all of their possessions will be thrown out on the sidewalk and their see their kids sitting on the steps crying.

To all homeowners in Louisville, Jefferson County, Kentucky, please let me say that this is a myth.

The sheriff and no one else can show up unannounced and throw you out during the foreclosure process.

No One Can Throw You and Your Possessions Out Prior to the Foreclosure Auction

The house has to first be sold at the foreclosure auction. There is a big difference between being  served with foreclosure papers and the house actually getting lost to auction.

You will get several letters and notices from the lender’s attorney and from the court system with the actual court sale date.

The court system is supposed to staple a notice on your door about 3 weeks prior to the auction.

Even after the house is “sold” at auction, it still takes weeks or months for the deed to be transferred to the new owner.

From the day the sheriff deputy serves you with foreclosure papers it could take 4 months to a year or more until the foreclosure auction occurs.

Although it is extremely stressful, the homeowner must open all mail. Any notices should be forwarded to the short sale Realtor or to a legal adviser.

Consult With A Lawyer To Find Out Your Exact Rights

To find out your best options to avoid foreclosure, call a Realtor who specializes in short sales. Also, a real estate attorney, especially one who specializes in foreclosures and evictions can spell out the best options you have regarding staying in your home during the foreclosure process.

Posted by

 

 

Dave Halpern, Realtor

The Dave Halpern Real Estate Group

Keller Williams Realty Louisville East

(502) 664-7827

 

 

View Dave Halpern's profile on LinkedIndave_halpern twitterhalperndave_facebookDave Halpern QR CodeLouisville Foreclosure Realtors Dave Halpern

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Re-Blogged 1 time:

Re-Blogged By Re-Blogged At
  1. Dan Edward Phillips 09/27/2010 06:16 AM
Topic:
Home Selling
Location:
Kentucky Jefferson County Louisville
Groups:
Realtors®
Foreclosure Talk
Short Sale REALTORS®
"Whacked"!!!
Diary of a Realtor
Tags:
realtors
real estate agents
eviction
lawyers
sheriff
avoid foreclosure
foreclosure auction
attorneys
short sale
stay in the home

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Rainmaker
700,138
Dan Edward Phillips
Dan Edward Phillips - Eureka, CA
Realtor and Broker/Owner

Good Morning Dave, great post, very good information for the home owner in trouble.

Sep 23, 2010 12:44 AM #1
Rainmaker
1,389,553
Gary L. Waters, Broker Owner, Waters Realty of Brevard, LLC
Waters Realty of Brevard, LLC - Rockledge, FL
... a small office, delivering big service!

I think the fear of the unknown is one of the great stresses during a foreclosure. I hope your words will help someone understand better - and call for help if they need it!

Sep 23, 2010 12:51 AM #2
Rainmaker
262,032
Dawn Crawley
Dawn Crawley Realty - Pinehurst, NC
Find Pinehurst Homes

My question is, where are these families going after the foreclosure? We don't hear about this. Fortunately in our area so far, we haven't seen many.  However, they are increasing, and I just don't hear what the families do after being forced out.

Sep 23, 2010 12:57 AM #3
Rainmaker
411,311
Dave Halpern
Keller Williams Realty Louisville East (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Dan - thanks for stopping by.

Gary - exactly right! fear of the unknown is a great stressor, Short sale pros can help.

Dawn - they are filling up rentals or doubling up with family. Sometimes they rent a house bigger and better and for less money than they were paying for their overleveraged house in foreclosure.

Sep 23, 2010 01:14 AM #4
Rainmaker
720,408
Patrick White
Home Driven Realty, Inc - Baldwin, NY
Driven to bring New Yorkers home

Good Morning Dave,

Thanks for the valuable information. Have a great day.

Sep 23, 2010 01:21 AM #5
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Rainmaker
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Dave Halpern

Louisville Short Sale Expert
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