The Eviction Laws can be misunderstood by many homeowners and an Eviction Process can be really intimidating for many home owners in default. I received recently, a question from a homeowner in stress:

“I have six months not paying my mortgage, and I am worried about it. My question is if the sheriff can take me out with my family anytime now?”

My response was: Nobody can take out you from your home if they dont have an EVICTION NOTICE FROM COURT. Period. You have to know the eviction process under your state eviction laws, though. Some states are into a JUDICIAL foreclosure system and others into a NON-JUDICIAL foreclosure system. The website foreclosurelaw.org has everything you need to know about it.

To understand the EVICTION PROCESS, you need to learn the following common points (although every state is different, and using different names for every point):

1.- IN DEFAULT.- When you are 30 to 90 days late on your mortgage payment.

2. Notice of Default (NOD).- At 90 days late, you will receive a Notice of Default from the lender, asking for the payment or your house will be foreclosed.

3.- NOTICE OF SALE (NOS).- When you reach the 120th day being late on your payment, you will receive a Notice of Sale stating when and where will be the public sale of your home.

4.- FORECLOSURE SALE (FC).- Depending in your state, it can take from 2 months to 18 months for the sale of your property after the NOS. All this time you can legally stay at your home without making payments.

5. Reinstatement.- After the FC sale, there is a period of REINSTATEMENT, where you can apply to stay more in your property with the reason to find a mortgage that qualifies you to repurchase the property. (It is in around 50% of the states)

6.- EVICTION.- MUST BE AN OFFICIAL NOTICE FOR THIS. When the property is already sold, or the Reinstatement Period is over, you will be contacted by the new owner or a representative. They may offer you CASH FOR KEY if you leave the property the next couple of weeks (or more) in good conditions. If you didn?t leave after 30 or 45 days, the new owner MUST FILE A COMPLAINT IN COURT, to start the Eviction Process and get you out from the property under the eviction laws. Then, you will receive an EVICTION NOTICE from a Judge, stating that if you dont leave on a DETERMINED DATE, the sheriff will go to the property to take you and your family out of the property and lock the doors. You will not be able to take out your belongings after that.

Under your eviction laws, you are protected until the last day. A homeowner can stay without making payments to the mortgage until the last day of the eviction notice.

NOT EVEN A SHERIFF CAN TAKE ANY HOMEOWNER OUT FROM HIS HOME WITHOUT THIS NOTICE FROM COURT.

Many states allow homeowners to stay legally free at least six months without making mortgage payments. Other states allow up 18 months. See your state laws.

YOU WANT TO AVOID FORECLOSURE. Learn how to do it.

Specifications: You have to understand I?m not an accountant, or a lawyer, or a tax analyst giving you tax, financial or legal advice. These suggestions are not a substitution for the outlook of a knowledgeable attorney. Nevertheless I?m a Financial Instructor in Arizona doing Business Coaching, Marketing Coaching, Real Estate investments, Credit Repair, Foreclosure Prevention, Residential and Commercial Loans, Mortgage Training and Origination since 2002, I dont declare Im giving legal guidance in this piece of writing to your exact circumstances. This writing was created to inform homeowners in mortgage stress. This writing should be not interpreted to be legal advice for your own conditions. This writing is only for individual information. Under no conditions this article should be understood as a legal advice to market, purchase or keep any house.