Legal Question in Real Estate Law in Indiana
Occupants rights post sherifs sale
What are my rights as the current occupant if my property is sold in a sherifs sale!
3 Answers from Attorneys
Re: Occupants rights post sherifs sale
The judgement and decree in the foreclosure will contain a provision that the bank/mortgage company can contact the sheriff to have you forcibly ejected immediately after the sale (you will no longer own it). This means they can literally kick you out and change the locks. They can also have a mover come and take your posessions and put them in storage until you claim them (and possibly pay the costs).
Most sheriffs prefer to contact the former owner and give them 48-72 hours to vacate. Marion County does it this way but understand that they do not have to give you any time.
Re: Occupants rights post sherifs sale
The judgement and decree in the foreclosure will contain a provision that the bank/mortgage company can contact the sheriff to have you forcibly ejected immediately after the sale (you will no longer own it). This means they can literally kick you out and change the locks. They can also have a mover come and take your posessions and put them in storage until you claim them (and possibly pay the costs).
Most sheriffs prefer to contact the former owner and give them 48-72 hours to vacate. Marion County does it this way but understand that they do not have to give you any time.