Q: How long do I have to remove my belongings from a foreclosed property in MO?
I lived with a man for seven years, who initially included me in his will to inherit his property. However, he later changed the will to leave the property to his son. After the man passed away, the son failed to make payments, and the property went into foreclosure. It was sold on March 19. I was originally told I had lifetime residency rights on the property. Recently, a person who bought the property informed me that I was squatting by being there. I need to retrieve my belongings, which include an older camper, two vehicles, a tiny house, a shed, clothing, and other items. I have not received any official notice on how or when to vacate or remove my belongings. How long do I have legally to remove my property from the foreclosed property?
A: If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to come and remove you.
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A:
In Missouri, once a property has been foreclosed and sold, the new owner typically gains the right to take possession. However, since you have belongings on the property, you are entitled to a reasonable amount of time to remove them. While there isn't a set grace period in every case, you should act quickly to avoid any complications.
The buyer who purchased the property may request that you vacate and remove your belongings. If you haven’t received formal notice, it’s important to reach out to the buyer or their representative to discuss how much time you have to retrieve your items. Usually, the buyer should give you notice, but the timing of this can vary depending on local laws or agreements made during the sale process.
If the buyer pushes for you to leave without proper notice or if you're unable to retrieve your belongings, you might consider seeking legal advice. In some cases, you may be able to negotiate additional time or reach a solution for retrieving your items without escalating matters. It’s essential to act promptly and document your efforts to retrieve your property to protect your interests.
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