How To Evict Someone That Quit Paying Their Mortgage

Author: Todd Christiansen | Category: Eviction

In this real estate market with all the foreclosures and short sales happening, I get asked often how long you can continue to live in your home before the bank is going to evict you.  While each state is different in regards to the foreclosure process and the sherriff sale as well as each jurisdiction (which may be governed by state law, but overseen by counties) is responsible for evictions, there are some general principles that you need to understand.

***Disclaimer:  I am not an attorney, this is just my opinion, based upon how things work in Minnesota.  Consult an eviction lawyer if you have further questions.***

Before the bank (or anyone that has a mortgage against a property) can evict the owners/occupants, a legal proceeding must happen.  You should receive notification of a sheriff safe occurring on your property.  It varies by state, but most jurisdictions require 2-6 weeks notification in newspapers and sending certified letters to the owners prior to the sheriff sale.  The sheriff sale is the method by which a creditor that holds a mortgage on a property forecloses.  Depending upon the position of the bank/creditor, they may need to pay off other senior lien holders in order to foreclose.

Once the sheriff sale happens, there is typically a redemption period.  In Minnesota, this is 6 months.  In some states it is 24 hours.  At the end of the redemption period (if there is one) if the owner or tenant is still in the property, they would be considered hold-over tenants.  They now need to be evicted through the standard process for the jurisdiction that the property is located in.

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