How Much Time After a Final Judgment of Foreclosure Before I Must Move?

April 6, 2012
By David Goldman on April 6, 2012 8:18 AM |

Jacksonville Beach Foreclosure Defense TeamAfter a final judgment of foreclosure, there is a certain time period in which a foreclosed-upon homeowner must vacate the home. Usually, a sale is held within 10 days in Florida after the entry of a final judgment of foreclosure (30 days in Jacksonville, FL). This can vary significantly depending on the mortgage company foreclosing. As can be seen, this rule is not necessarily hard and fast. Often times, foreclosed homeowners are able to remain in their homes for a significant amount of time after the foreclosure process is completed. Because of all the differing variables, it is impossible to give an exact amount of time after a foreclosure sale a foreclosed homeowner has until they must vacate the property.

The reason? Technically, the home is still yours until it is actually sold. Whoever received the final judgment of foreclosure (likely, a Bank) has only been given the right to sell the home by the Court. With that being said, it is not your responsibility to leave the house until it is sold and the new owner asks you to leave, or tries to force you out. Keep in mind that there have been cases where the judgment has been entered and the house is not sold! The bank either wins the judgment and just doesn't do anything, or turns around and enters a rental agreement in a former-owner-turned-renter agreement. However, these scenarios are few and fair between and should not be relied upon.

Like many aspects of foreclosure, a black and white answer is difficult to give. But, if you have a final judgment and it includes a sale date, it is best to be prepared to leave by that date. By continuing to remain in the home after the sale date, you are taking a high risk of possibly also loosing your personal property. If your belongings are still in the house after the sale date, the new owner can enter the property and remove all of your belongings without your consent.

If you are facing foreclosure or fear that you may be subject to foreclosure in the future, contacting a Jacksonville Foreclosure Defense Attorney can be a strong move.