Marietta, GA asked in Foreclosure for Georgia

Q: How long do I have to remove my personal property from foreclosed home.

I live in Ga and have not been served or given any type of paperwork regarding my belongings. I even still have a company vehicle parked there. Wells Fargo owns the home now they say. Domain Realty sign out front.

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2 Lawyer Answers
Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in Georgia

A: The foreclosure sale has already occurred and the bank is trying to sell the home. Are you still living in the home? I am surprised that the bank has not tried to get you out as it will make showing the home difficult. Many banks have "cash for keys" programs and will pay you to get out. You should inquire about that.

Beyond that if you want to take your chances, then stay there.

Once the property is sold to a new owner or if the lender moves to evict you, you will probably be asked to leave and given some reasonable amount of time. If you fail to leave or indicate that you will not leave, then the lender or new owner must apply for a dispossessory warrant. Usually the time to answer is 7 days. The time is relatively short for the magistrate to schedule a hearing. Once the hearing is held, it will most likely result in a writ of possession being entered in favor of the lender or new owner. You will have another 7 days. If you do not appeal or get out, then the lender or new owner will go to the sheriff and the sheriff will put you out and your property will be on the street.

It would be better if, when asked to leave, that you negotiate this with the lender or new owner to avoid this kind of unpleasantness.

Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in Georgia

A: The foreclosure sale has already occurred and the bank is trying to sell the home. Are you still living in the home? I am surprised that the bank has not tried to get you out as it will make showing the home difficult. Many banks have "cash for keys" programs and will pay you to get out. You should inquire about that.

Beyond that if you want to take your chances, then stay there.

Once the property is sold to a new owner or if the lender moves to evict you, you will probably be asked to leave and given some reasonable amount of time. If you fail to leave or indicate that you will not leave, then the lender or new owner must apply for a dispossessory warrant. Usually the time to answer is 7 days. The time is relatively short for the magistrate to schedule a hearing. Once the hearing is held, it will most likely result in a writ of possession being entered in favor of the lender or new owner. You will have another 7 days. If you do not appeal or get out, then the lender or new owner will go to the sheriff and the sheriff will put you out and your property will be on the street.

It would be better if, when asked to leave, that you negotiate this with the lender or new owner to avoid this kind of unpleasantness.

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