What happens after the sale if I still live in the property?
If you cannot stop the sale by making up your payments or filing for a Chapter 13 bankruptcy-- the lender can proceed with the Trustee’s Sale as scheduled. Even after the home is sold, you may still have some options. Understand that the new owner has the right to refuse any options at all.
- Make arrangements to move. After the Trustee’s Sale, the home belongs to the lender (if the lender “bought it back”) or the person or company that bought it at the sale. The new owner has a right to have you move out so they can use the home.
- Agree to rent the home, if the new owner agrees. Sometimes the new owner will agree to rent to you at least for a short time. Usually you will need to have a written rental agreement and be expected to pay rent. Be very careful about an offer of a "lease back with purchase". The person leasing you the property may only want to get a big down payment and then terminate the lease agreement for some minor default. They keep your money and you are still out of the house.
- Agree in writing to leave by a certain date without requiring the new owner to go to court to evict you, if the new owner will agree to give you a little more time to arrange to move. There is no legal requirement that the owner do this.
- Get ready to move when evicted. Expect the new owner to give you a Notice to Vacate and then file a Forcible Entry and Detainer action in court to have the court order you to move out. This increases costs for the new owner, who can ask that you be ordered to pay them, so it costs you more if you don’t move on your own. If you receive a notice about a court hearing, we recommend that you go to court at the time set for the court hearing even if you already have moved out. If possible, be sure that all of your belongings are moved out before the court hearing or at the very latest before the date that the judge orders that the “writ will issue” (usually 5 days after the hearing). If you have not moved by the date that the writ issues, the new owner can have the constable or sheriff come to remove you on that day and is not required to give you any more time to move your belongings. This can make it difficult and cost you more.
What are Excess Sale Proceeds? Once the trustee's sale has been completed there monies left over because the lender who foreclosed has been paid in full. These extra monies are called "excess sales proceeds". All junior lienholders and the property owner at the time the property was sold have a right to apply for those funds. The Trustee conducting the Trustee's Sale will deposit (in most cases) the funds with the County Treasurer or Assessor, a complaint will be filed by the Trustee and served on everyone listed on the title policy. At that point the junior lienholders and/or the old property owner can file an application with the Court. There are notice requirements and most likely the court will have a hearing on the distribution of any monies.