The title is in the name of the person who purchased it at the foreclosure sale. Once the foreclosure deed is recorded the debtor has no right whatsoever to occupy the property. The new owner has no relationship or obligations to the debtor. The person who has had their rights to the property foreclosed has had abundant notice of the foreclosure. They should make arrangements to move out prior to the sale and make arrangements to remove their personal property before the sale. Once that deed is recorded they are trespassing if they enter the property unless the new owner has made an arrangement with them, in writing.
Notice of foreclosure as described above must be served on all occupants/owners of the property being foreclosed upon at least four (4) weeks prior to the foreclosure sale. Homestead properties require eight (8) weeks notice before sale.
No, Florida foreclosure law states that the homeowner has the right to redeem the property anytime BEFORE the day of the sale. After the Certificate of Sale has been issued, there is no right of redemption.
Yes it is, if everything prior to it has been handled correctly.
Yes, by paying the back payments. Also, filing bankruptcy prior to the foreclosure will normally put a hold on the foreclosure proceedings.
Depends on credit score prior to foreclosure. If your score was higher before foreclosure, it might drop 200 points or so. If it was lower before foreclosure, it might drop closer to 100 points. It varies significantly.
You must remove your personal property prior to the foreclosure sale. Once the property has been transferred you have no right to enter. Your property will be removed by a team of professionals and dumped.
Not as a general rule. What the prior owner leaves or takes depends greatly on their needs and attitude at the time of foreclosure. If they left under ideal circumstances they will have taken all furniture and left all fixtures (anything attached to the home) and cleaned out all garbage and refuse. If they left under less than ideal circumstances, prior owners have been known to leave massive amounts of garbage and old furniture, and even remove or destroy fixtures. It is always possible to negotiate with a prior owner to take or leave certain items if they are still in the home when the new ownership is official.
The sale of a foreclosed property follows a process of collecting records of all monies due that are attached to the title. Once the foreclosure sale is complete, monies are paid out according to the priority of the claimants. If the sale does not fully pay all monies owed, the prior owners may be liable for the remaining debts.
Foreclosure sales in SC are subject to taxes, assessments, existing easements/restrictions of record, and any senior encumbrances. Basically, the mortgage being foreclosed on "goes away" and you are provided with a title to the property that is not warrantied to be free and clear.
When houses are sold in foreclosure, they are often sold as-is. It is always recommended that the buyer perform a home inspection and do their due diligence prior to the closing.
If the Foreclosure proceeding had already begun it will remain on the credit and should show a zero balance. But it will continue to show the Foreclosure was in effect at that time. If it is still showing a balance contact the credit bureau to have the information updated. You must have proof in hand.
You must have your possessions removed prior to the foreclosure sale. Once the property is sold you have no right to be there.