Legal Question in Real Estate Law in Massachusetts
house auction
we live in wareham massachusetts and recently learned that our house is going to go up for auction what is going to happen? how long do we have to get out after they auction it off? is there any way to postpone it long enough to move out normally? we do not want to try to keep it we cant afford it.
2 Answers from Attorneys
Re: house auction
It was unclear to me whether you are currently renting this house, or whether you own it. If you are renting it, your lease should be honored to the end regardless of who owns the home. If you own it, are you in foreclosure? Did they give you a sale date? You can do several things, including paying back the arrears, selling the house yourself, finding out the exact auction date, perhaps bidding on your own house, or filing Chapter 13 bankruptcy to prevent the foreclosure.
It is usually a bad idea to have the house auctioned off. Because of all the arrears and foreclosure fees, you will likely lose substantial equity in the home, or worse yet, become liable for a deficiency, which is the difference between what the bank is owed and the auction price.
Feel free to call my office if you have additional questions.
Re: house auction
The bank cannot just come and kick you out of your house
Only an order of the court can force you to leave your home. Ultimately you may be evicted but there are procedures within the court system that the mortgage holder or new owner must follow first for the foreclosure and then another set for the eviction.
In terms of Bankruptcy you can file to get rid of any credit card debt, medical debt and any deficiencies after the foreclosure sale.