Legal Question in Real Estate Law in Indiana

Occupants rights post sherifs sale

What are my rights as the current occupant if my property is sold in a sherifs sale!

Asked on 1/16/08, 12:11 pm

3 Answers from Attorneys

John Bator Bator Redman & Shive
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Re: Occupants rights post sherifs sale

The judgement and decree in the foreclosure will contain a provision that the bank/mortgage company can contact the sheriff to have you forcibly ejected immediately after the sale (you will no longer own it). This means they can literally kick you out and change the locks. They can also have a mover come and take your posessions and put them in storage until you claim them (and possibly pay the costs).

Most sheriffs prefer to contact the former owner and give them 48-72 hours to vacate. Marion County does it this way but understand that they do not have to give you any time.

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Answered on 1/16/08, 12:58 pm
John Bator Bator Redman & Shive
0 users found helpful
0 attorneys agreed

Re: Occupants rights post sherifs sale

The judgement and decree in the foreclosure will contain a provision that the bank/mortgage company can contact the sheriff to have you forcibly ejected immediately after the sale (you will no longer own it). This means they can literally kick you out and change the locks. They can also have a mover come and take your posessions and put them in storage until you claim them (and possibly pay the costs).

Most sheriffs prefer to contact the former owner and give them 48-72 hours to vacate. Marion County does it this way but understand that they do not have to give you any time.

Read more
Answered on 1/16/08, 12:59 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove
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0 attorneys agreed

Re: Occupants rights post sherifs sale

To be blunt,none!

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Answered on 1/16/08, 2:03 pm

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