AZ Foreclosure Realtor

In my previous article titled "Eviction: The Aftermath of the Arizona Foreclosure Sale", I wrote about the Eviction Process after a foreclosure sale. It used to be about 3 weeks for the banks to receive an eviction order from the court, and the Sheriff to show up and remove you from the property. My sources are now telling me that it’s become a much faster process than ever before. Apparently, the Courts have been soo overwhelmed by all the foreclosures here in Arizona, that they have reconfigured the entire process. It now takes them merely a FEW DAYS to get the order processed, and have the Sheriff at your door step.

Now, I am hearing that the Sheriff has lightened up somewhat as well. They sometimes give the former owner a few days to remove their belongings and move out of the property. Personally, I would NEVER bank on that, and would always advise anyone in the situation to be out long before he shows up. He certainly doesn’t have to give you any time at all, so I wouldn’t risk my situation based on his mood that day.

I’ve been getting many people asking me about the eviction process after the foreclosure sale. If you recall from my previous Article titled "Timeline to Arizona’s Foreclosure Process", we talk about the potential of being evicted from your house after the foreclosure sale. Essentially- here’s the breakdown.  Two Things happen at the foreclosure sale- either an investor buys it, or, it reverts to ownership by the bank. Each one follows different processes of things to come.

If an investor buys the house at the foreclosure sale, most likely within a few hours to a few days, someone will be knocking on the door. They will inform you that they are the new owners of the property. Some investors will try to work out a solution with you immediately, which entails you renting the property back from them for a period of time- they may even give you the option to purchase the property back (almost always at an inflated price!) at a later date in the future. Or, they’ll ask you to leave immediately and vacate their property. Technically, you are trespassing on the property, since you are no longer the owner of it. If you refuse to leave, they will be required to get an Eviction Order from the court. This process can take anywhere from 2-4 weeks, depending on how busy the courts are at that time. Once they receive an eviction order, they then hire the Sheriff to come and ‘escort’ you from the premises. You will be arrested if you refuse to leave at that time. All of your belongings are then stored for 30 days until you claim them (with fees due!).  If you do not claim the belongings, they revert to the ownership of the investor, and they will most likely sell them off, or give them away.

If the bank takes the property back at the sale, they will send someone to inspect the property and change the locks. If you are still residing in the property,  they will file for an eviction order from the court. Again, the same process follows as previously stated. Now, I’ve seen some banks take as long as 6 months to get to this point, however, most will take 1-2 months on average.

The problem here is that you never know what’s going to happen, depending on who buys the property at the sale. Your best bet is to not stick around to find out. Technically, you are living in someone else’s property, without their consent. It is always best to move out as soon as possible and avoid any legal actions. Most investors will work with you and give you a few days, if you are already in process of moving out. However, the longer you are there, the more money it’s costing them- so they will be fairly anxious tohave you leave as soon as possible.

UPDATED: Read "Eviction Process is Now Faster Than Ever"

If you have any questions, or are facing foreclosure, please contact me for free advice.