How long do I have to move by personal belongings out of my house after a foreclosure auction?
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How long do I have to move by personal belongings out of my house after a foreclosure auction?
I had been waiting for my bank to approve a short sale on my house in Arizona. The trustee sale date had been scheduled for 10/08 and the bank then decided not to extend the date and so the house sold at the foreclosure auction. My realtor had advised me not to move out, so I only moved part of my belongings a week prior to the sale. I still had some belongings in the house, in which I went back on 10/10 and many of my belongings were missing. I found out that the buyer at the auction had access to the house. Is this legal? Is there a certain amount of time I should have to move?
Asked on October 13, 2010 under Real Estate Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally, unless the property is in some way deemed abandoned (the house and personal property) it should not have been removed until at least the foreclosure was confirmed, which can be 30 to 60 days after the trustee sale. Also, was this a judicial or non-judicial sale? If it was a judicial sale and the house was not deemed abandoned then is Arizona you have a right of redemption, which means that you have 6 months to reclaim your home by paying up the mortgage and some money to the person who purchased the house (in simple terms). I would suggest that you check with an attorney in your state for help here. You should also report the property stolen. Good luck.
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