Eviction After a Foreclosure Sale, Cash for Keys Offer Withdrawn

My question involves an eviction in the state of: Indiana, but it's really a federal law question.

1. My landlord stopped paying the mortgage, and she said I could stop paying rent and stay until I got kicked out.
2. I had a 3-moth lease, but stayed and paid rent for 6 months. I've since been here for a several months.
3. The house sold at a sheriff's sale in July; the bank is the owner.
4. Several weeks ago, the asset company offered me the option of moving out in 30 days and receiving $1,000 OR staying for 90 days.
5. A few days after that, the law firm for the bank said, 'get the hell out now'
6. Last week, the sheriff served me with an eviction notice that basically said to leave in 10 days, or they would help me leave.

Is there anything I can do? I haven't really received 90 days notice, but my understanding is that I'm entitled, since it was a HUD loan. But I have been in the property for 90 days since the sheriff's sale.

Can a lawyer help me, or should I just move out? I can't really afford to spend the money on the lawyer if it won't help. I have 2 kids that live with me 50% of the time.

Any thoughts?

Thank you.

When they offered you the option of 30 days and $1000 or 90 days, how was that communicated to you? Which did you select? Was the asset company acting as the agent of the owner? That will make a difference. How did you communicate your choice back to them?

I called them and told them I would take the 90 days.

The law firm said they are working with the bank directly and couldn't care less what the asset company offered.

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6. Last week, the sheriff served me with an eviction notice that basically said to leave in 10 days, or they would help me leave.

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did you fail to respond of a notice for an eviction hearing?

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But I have been in the property for 90 days since the sheriff's sale.

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that is irrelevant

the rent you paid; what time period did it cover? Do you have a receipt for that rent showing what period it covers? Given the answers to those questions, this may not be covered under the federal tenants protection act and would have reverted back to state law.

I was never aware of any eviction hearing.

I haven't paid rent since Feb. The landlord was just being nice and thought the entire foreclosure process would only take a month or so. It took a lot longer than that, obviously.

Ok, no rent since February means the federal law does not apply. You are back to state law.


Even with that, to evict you they must go through the courts. If the Sheriff is involved, I suspect the they have gone through the courts. The only thing I can suggest is you research your local courts to see if you can find where the bank had filed an unlawful detainer suit and was granted the right to evict you. If you were not served properly, you can contest the eviction. It would buy you a little time as they would then be required to go through the process again but I suspect it will only be a couple weeks at most.


Other than that, I would suggest attempting to negotiate you leaving the premises in an orderly fashion. Maybe they will give you a little time to secure living arrangements elsewhere.

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Quoting Blaww9

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I called them and told them I would take the 90 days.

The law firm said they are working with the bank directly and couldn't care less what the asset company offered.

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You called who to say you would "take the 90 days", and you did that before or after you were told that you needed to vacate? What documentation do you have?

I used to date a paralegal. She said that in Indiana, an eviction is included in the foreclosure process. There isn't a separate hearing. She wasn't the brightest bulb, so I dunno.

I've had enough. I'll move in with a friend for a couple of weeks until I find something else.

Thanks for the help everyone.

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Quoting jk

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Ok, no rent since February means the federal law does not apply. You are back to state law.


Even with that, to evict you they must go through the courts. If the Sheriff is involved, I suspect the they have gone through the courts. The only thing I can suggest is you research your local courts to see if you can find where the bank had filed an unlawful detainer suit and was granted the right to evict you. If you were not served properly, you can contest the eviction. It would buy you a little time as they would then be required to go through the process again but I suspect it will only be a couple weeks at most.


Other than that, I would suggest attempting to negotiate you leaving the premises in an orderly fashion. Maybe they will give you a little time to secure living arrangements elsewhere.

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I used to date a paralegal. She said that in Indiana, an eviction is included in the foreclosure process. There isn't a separate hearing. She wasn't the brightest bulb, so I dunno.

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Yup, it's the same way in Ohio. Once the judgement is granted, the plaintiff files for a Writ of Possession, and it's off to the races.

I would highly recommend including Craigslist in your apartment/house search. I had terrific luck after our foreclosure fight.

Just to update everyone, I just received a letter from the bank's lawyers giving me until Jan 19th, 2014! :)

Do I need to tell the sheriff or the court? I called the deputy that delivered the eviction notice and left a message.

Do I have to do anything?

Thank you

I would send copies to both the sheriff's and the court, and keep a copy near your door, just in case.