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(801) 254-9450 (801) 254-9450 Navigating the eviction process is rarely easy, especially in the aftermath of a foreclosure. These efforts can be complicated, and there are notable consequences that can come with honest mistakes. The best way for lending institutions to protect themselves is to rely on the guidance of a South Jordan post foreclosure eviction lawyer.
Over the past decade, Carr | Woodall has handled more than 20,000 foreclosures. If the property reverts to the bank in a foreclosure sale, the banks typically hire our firm to handle the post-foreclosure eviction. In these cases, you are either evicting the former owner or a tenant of the former owner. Because we have handled thousands of post-foreclosure evictions, we are extremely familiar with the process and the important steps we must take for success. Do not hesitate to discuss your situation with our South Jordan post-foreclosure eviction lawyers – we are ready to help.
One of the first issues to address in these cases is whether the tenant living on the foreclosed property is the previous owner or has been renting the home. If the tenant is the previous owner, they could be forced to leave in days. The same is not always true for renters. Federal law gives bona fide tenants at least 90 days to move out of the property. If their lease is longer than that, they may be allowed to stay for the duration. A South Jordan post-foreclosure eviction attorney could explain in more detail the differences between evicting a previous owner and evicting someone who rents a property.
It is important to note that while federal law protects tenants in these scenarios, this only applies to what is known as a “bona fide” tenant. A person is considered a bona fide tenant if they pay rent in exchange for the right of possession of a place to live. This could be anything from renting an apartment to renting a single room in a single-family home.
The rent each month has to be close to fair market value. In other words, paying a nominal amount of rent is not a workaround. If a tenant meets this definition, they could be entitled to stay on the property for 90 days or potentially even longer, depending on the terms of their lease. If the tenant is not considered bona fide, they could be required to leave within days.
Being a bona fide tenant might protect someone from being evicted due to a foreclosure, but this does not relieve them of their obligation to comply with the lease and make rent payments on time. Speak with one of our post-foreclosure eviction attorneys in South Jordan to learn more.
Before a landlord can file a complaint and initiate the eviction process, they must serve the tenant with a notice to vacate the premises. This is true whether the person living in the home is a previous owner or a tenant who is not considered to be bona fide under federal law.
In this situation, the bank must use a 5-day notice to vacate. Most evictions do not use this notice, as it is limited to circumstances where a valid rental agreement does not apply. That specifically includes evictions after the property has been sold through a foreclosure sale.
There are different ways to serve this notice. Many parties choose to deliver the notice to the tenant personally. Others opt to send it through registered mail to the residence. If the tenant is not present at the property, agents of the bank can leave it with someone of suitable age while also mailing a copy. In cases where no one can be located to complete the service, the law allows for affixing the notice in a conspicuous place on the property. To learn more about how to notify a tenant about their eviction, talk to a South Jordan post-foreclosure eviction attorney.
After you give notice and a hearing takes place, the next step is to serve the tenant with an Order of Restitution. This court order informs the tenant that they must vacate within a set amount of time, typically a few days. It also provides them with information on how to challenge aspects of the eviction process. Contact a post-foreclosure eviction lawyer in South Jordan to find out more about this type of court order.
Most banks have little interest in navigating the eviction process or dealing with the difficulties that can come with removing a former owner from a property. Working with a South Jordan post foreclosure eviction lawyer lets proven professionals handle this matter. Reach out today to discuss your options.