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  1. #1
    Join Date
    Nov 2010
    Posts
    5

    Default Eviction Timeline After a Sheriff's Sale

    My question involves a foreclosure in the State of: PA

    NOTE: IBM bought loan from Chase. I was able to postpone a prior sale when the loan was with Chase. In that case I was served in-person and by registered mail all the legal papers, etc pertaining to the Sheriff sale.

    Ok, I'm not going to cry a river and blame everyone else for my problems. However, I would like to get this off my shoulders. Both Chase and IBM were a nightmare to deal with. The sale was supposed to be on hold awaiting word from the investor on a re-modification. I was told this as recently as Friday Nov 12th. I found out Friday the 19th my house went back to the bank at Sheriff sale last Tuesday Nov 16th. This is despite me being told a half dozen times over a two month period the sale was on hold and my documents (which I faxed three times) were still being reviewed by the investor. Unlike the first time, this time I was NOT served any papers at all by the sheriff nor received anything in the mail regarding the NOV 16th sheriff sale.

    I was not expecting this right now, I was really hoping to get approved for a loan modification, I'm shell shocked. That being said, I'm done. I have no money nor the will to fight any of this any longer. Time to move on.

    What to expect now as far as eviction?

    All the Sheriff office told me is to contact the bank. However, a real estate agent I know who deals with bank owned properties said, if I need time to move (I do!) DO NOT contact the bank as this will only expedite the eviction process. She says it can take several months before a bank evicts a former home owner, but much less time if I were to call the bank. However she is not an attorney so I take her advice with a grain of salt. I don't need several months, but I can't be out by Xmas either!

    My own research indicates I will eventually get a court ordered eviction (likely within two-three weeks) notice giving me anywhere from 48 hours to 45 days or more to vacate. 48 hours???? yikes!

    Can anyone with experience in PA evictions after the sheriff sale offer any information?

    Thank you and sorry for the long post.

    Lori

  2. #2
    Join Date
    Sep 2005
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    74,102

    Default Re: Eviction Timeline After a Sheriff's Sale

    It really is up to the bank, now that they've acquired the home, how quickly they proceed and on what terms. Each bank has its own policies, and the approach can vary within a bank depending upon such factors as whether the property is occupied, cared for, and the condition of the local housing market.

  3. #3
    Join Date
    Nov 2010
    Posts
    5

    Default Re: Eviction Timeline After a Sheriff's Sale

    Thanks,

    Ok, sorry to be a pain. So, if I understand this correctly, I will have at least 20 days after I'm served?


    I found this: Pennsylvania Foreclosure Laws

    Pennsylvania Foreclosure Sale Date:

    Sales may be postponed once and rescheduled within the next 100-day period. Any other postponements require a Court order. Bidding instructions are required for all loans. Payment of all settlement charges must be made to the Sheriff within thirty days of the Sale or it may be declared null and void. Title and eviction information must be provided immediately after the Sale in order to calculate settlement charges.

    Pennsylvania Foreclosure Complaint Filed:

    Sheriff has 30 days in which to serve Complaint or it expires and must be reinstated (usually served on the average within twenty days after Complaint is filed).

    Pennsylvania Foreclosure Complaint Served:

    Defendants have twenty days to file response to the Complaint. If no response, then Plaintiff must forward ten-day Notice to Defendants.

    Judgment Entered And Write Of Possession Issued: If no response to Complaint is filed by Defendants and ten- day Notice expires, judgment may be entered for Possession. Simultaneously, a Writ of Possession is issued and the Sheriff has thirty days to serve the Writ of Possession on Defendant.

    Pennsylvania Foreclosure Ejectment Date:

    After the Sheriff serves the Writ of Possession, the occupants are given twenty days to move. On the twenty-first day after service of the Writ of Possession, if the occupants have not vacated the premises, the attorney telephones the Sheriff's office to schedule the eviction. The Sheriff will then assign a date for the eviction, which is usually 30 to 90 days from the date the judgment is entered. The client must provide for a moving company and locksmith at the time set by the Sheriff for the lockout.

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