- Who sends it
- The buyer at the foreclosure sale, often the lender, or its lawyer
- What it starts
- A short notice period before the buyer can file an eviction case
- Do this first
- Find the date in the notice and call legal aid
What this notice is
Once your home is sold at a foreclosure sale and the buyer gets title, the buyer may ask you to leave. Many states require a written notice first. It may be called a notice to vacate, notice to quit, demand for possession, termination notice or notice of intention to evict.
If you stay past the date, the buyer usually must file an eviction case (called unlawful detainer, forcible detainer, dispossessory or summary process in some states) or ask the foreclosure court for a writ of possession or writ of assistance.
What it does and does not mean
- It is not a court order. In most states the buyer cannot change the locks, shut off utilities or remove your things without a court order carried out by an officer.
- It may mean your time to catch up has ended. But check whether your state gives a redemption period after the sale. In some states you can stay until it ends.
- Renters in a foreclosed home often have more time than former owners. See your state's page.
- The buyer may offer money to leave by a date (often called cash for keys). Get any deal in writing.
How many days each state gives
- 3 days: California (3-day notice to quit; most renters get 90 days), Nevada (3-day notice to surrender, not counting weekends and holidays; renters generally 60 days), Texas (in most cases), Virginia, North Dakota, Nebraska and Wyoming.
- 5 days: Louisiana, from delivery of the notice to vacate.
- 10 days: Alabama, after the buyer's written demand; if you do not leave, you lose your right of redemption. New York requires a 10-day notice to quit after the deed is shown to you, and North Carolina requires 10 days' notice before the clerk can issue an order for possession.
- 10th day after the sale: the buyer's right to possession in Idaho, Montana and Oregon.
- 20th day after the sale: Washington.
- 30 days: Rhode Island and New Hampshire (according to 603 Legal Aid).
- After a redemption period ends: Michigan, Minnesota, Kansas and South Dakota.
- Through the foreclosure court, with a writ of possession or assistance: Florida (24 hours after the writ is served), New Jersey, Ohio, Oklahoma, South Carolina, New Mexico, Wisconsin and Vermont (not sooner than 14 days after the writ is served). In Iowa, many foreclosure orders already include the order to remove you.
- Other court routes: Maryland (judgment awarding possession, then a notice to all occupants), Illinois (an eviction order only against people named in the case), Pennsylvania (an ejectment case with 20 days to respond), Massachusetts (summary process) and Connecticut (execution of ejectment).
Every state's full process is on its after the sale page. In Mississippi we did not find a set notice period for former owners in the sources we read.
What to do this week
- Write down the date you got the notice and the date in it.
- Call legal aid right away. Ask whether the sale and the notice were done correctly and how much time you really have. See your state's page and lawyers by city.
- If you get court papers, read them that day. Eviction deadlines are short, sometimes 3 to 7 days. Go to every hearing.
- Check whether there was money left over after the sale (surplus). Your state's after the sale page explains how to claim it.
- Plan your move and protect your belongings. If you negotiate more time or cash for keys, get it in writing.
Scams tied to this notice
- Anyone who says they can undo the sale or stop the eviction for a fee paid up front.
- Companies offering to recover surplus funds for a large percentage before you have checked how to claim them yourself.
- Anyone who asks you to sign papers you do not understand or to pay rent to someone other than the new owner or the court.
How much time do you have? It depends on your state.
See the foreclosure timeline, deadlines and free local help for the state where the home is.
Common questions
Do I have to be out by the date on the notice?
Usually the notice is not a court order, and in most states only a court can order you out. But check two things. In Iowa, many foreclosure orders already include the order needed to remove you. And staying can cost you: in Virginia, if you stay in a single-family home after the sale, you can be charged fair market rent from the sale date, and in Alabama you lose your right to redeem if you do not leave within 10 days of a written demand.
I rent the home. Does this apply to me?
Renters often get more time than former owners. For example, most renters in California get 90 days' notice, Nevada renters generally get 60 days, and Illinois renters with a real lease can stay up to 120 days or the end of the lease if rent is kept current. Call legal aid.
Can I still get my home back?
In some states, yes, through a redemption period after the sale. In others, the sale is final. Check your state's after the sale page and talk to a lawyer quickly.
Keep reading
- Late notice and early intervention letterThis letter is a warning, not a foreclosure. Federal rules make your servicer reach out early and tell you about help. In most cases a foreclosure cannot start until you are more than 120 days behind, so this is the best time to act.
- Breach letter (demand or notice of intent to accelerate)A breach letter says you are in default and gives you a date to catch up. If you do not, the lender can call the whole loan due and move toward foreclosure. Many standard mortgages and deeds of trust require at least 30 days to cure.
- Notice of defaultIn many states that foreclose without a court, a recorded notice of default is the official start of the foreclosure. It is not a sale and not an eviction. It starts a waiting period before a sale can be set, and you can usually still catch up or apply for help.
- Notice of intent to forecloseMany states make the lender send a warning letter before it can start a foreclosure. These letters often give you a set number of days, a cure amount and a list of free counselors. The deadline in the letter matters, so act on it now.
- Lis pendens (notice of pendency)A lis pendens is a public notice, filed in the land records, that a lawsuit or foreclosure affecting your home is pending. It does not mean the home is sold or that you must move. It usually means the court papers are coming or have already been served.
- Foreclosure summons and complaintA summons and complaint means the lender has sued to foreclose. You have a short, firm deadline to respond in writing, often 20 to 30 days from the day you were served. Missing it can let the lender win without your side being heard.