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Evicting tenants after sheriff sale (1 Viewer)

Ben & Jerry's

Footballguy
My question concerns the process and timeline for having someone evicted following transfer of ownership at public auction (sheriff sale).

It is my understanding that after the sale, if prior the owner remains in the house that an eviction suit must be filed in order to force them to vacate.

I was told this process would normally take about 30 days to resolve and at that point prior owner would get approx 5 days before being removed by law enforcement.

Is this close to accurate ? TIA

 
Depends entirely on state law. In PA, you need to bring an ejectment action. Defendant gets 20 days to file an answer to the complaint. If none is filed, you need to give a 10-day notice of one last chance to answer. If no answer is filed, judgment can be entered and delivered to the Sheriff, who serves it and gives notice that eviction will occur in 10 days. HOWEVER, if the defendant files an answer, no matter how ridiculous it is, judgment can't be entered immediately. Instead, you need to go through summary judgment or judgment on the pleadings procedures, which require motions, briefing and a court appearance. Depending on the caseload in your county that can delay it anywhere from another month to 3 or 4 months.

 
This is in Indiana. Is there likely someone at my local government center who would volunteer this info relative to local practice ?

My main goal is to find out how quickly one can force eviction post sheriff sale with max resistance by previous owner.

Thanks for the help.

 
Hmmm. Indiana? I'm sure the laws are different there than they are in California. You should look up Indiana State laws as every state has different laws.

 

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