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Old 11-05-2012, 12:56 PM
 
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I did a search but couldn't find an answer to what I'm looking for.

On a couple of these preforeclosure sites like rtt-law.com and pre.foreclosure.com I see this house in my neighborhood that's listed as being up for sheriff auction soon. This is Mecklenburg County.

Wondering if the sheriff sale date is also the date they evict any current tenants? The current owner is, shall we say, undesirable and seems to have let the place go in a big way. Can't wait to see him go.

I've tried to find information on the whole public auction/ eviction process but no firm answers. Does anyone else know?


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Old 11-05-2012, 01:02 PM
 
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I recommend checking the NC Statutes. They will detail exactly the process.
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Old 11-05-2012, 08:57 PM
 
467 posts, read 1,241,751 times
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Quote:
Originally Posted by Corialanus-01 View Post
I did a search but couldn't find an answer to what I'm looking for.

On a couple of these preforeclosure sites like rtt-law.com and pre.foreclosure.com I see this house in my neighborhood that's listed as being up for sheriff auction soon. This is Mecklenburg County.

Wondering if the sheriff sale date is also the date they evict any current tenants? The current owner is, shall we say, undesirable and seems to have let the place go in a big way. Can't wait to see him go.

I've tried to find information on the whole public auction/ eviction process but no firm answers. Does anyone else know?


What you're talking about are foreclosure sales, not sheriff sales. Neither a foreclosure sale or Sheriff sale evicts occupants. It's up to the buyer of the property to send a 10 day letter, and then to file a writ of possession with the special proceedings department of Mecklenburg County. If they are renting than there are other stipulations. Many will not leave willingly, and will have to be removed by the Sheriff.
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Old 11-05-2012, 09:27 PM
 
5,150 posts, read 6,425,892 times
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Quote:
Originally Posted by Trademarked View Post
What you're talking about are foreclosure sales, not sheriff sales. Neither a foreclosure sale or Sheriff sale evicts occupants. It's up to the buyer of the property to send a 10 day letter, and then to file a writ of possession with the special proceedings department of Mecklenburg County. If they are renting than there are other stipulations. Many will not leave willingly, and will have to be removed by the Sheriff.
The law currently requires all interested parties to be given 20 days notice to a foreclosure and that includes renters. After that I'm not sure what happens. It gets muddy here: Renters in Foreclosure: What Are Their Rights? | Nolo.com and I wish I wasn't too lazy to pull an actual notice from the Mecklenburg Times.
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Old 11-05-2012, 09:48 PM
 
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Trust me, eviction doesn't start until after the foreclosure is complete and the buyer files his writ of possession with special proceedings. I've been through the process multiple times.
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Old 11-06-2012, 03:04 AM
 
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See this:

GS_45-21.29

In regards to the OP's question, it's at least 10 days after the sale, and then, only if the new owner wants them out and requests the sheriff to get rid of them.
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Old 11-06-2012, 04:51 AM
 
Location: Charlotte, NC
7,041 posts, read 12,816,687 times
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Zillow.com shows foreclosures & preforclosures now
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Old 11-06-2012, 07:24 AM
 
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Thanks, kind of what I was looking for. I saw someone in my area evicted once, but didn't even know their house was in trouble. Wasn't sure if the sale date is the same time the bank forces an occupant out - you know, just so they don't destroy the property.

So if the property goes up for sale and there are no takers, does anyone know if banks are forcing people out right away - if it becomes bank-owned - or if people just squat for the time being? The landscape has changed so much the last few years, I'm not sure what the norm is now in this area.
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Old 11-06-2012, 07:28 AM
 
60 posts, read 119,018 times
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Quote:
Originally Posted by Trademarked View Post
What you're talking about are foreclosure sales, not sheriff sales. Neither a foreclosure sale or Sheriff sale evicts occupants. It's up to the buyer of the property to send a 10 day letter, and then to file a writ of possession with the special proceedings department of Mecklenburg County. If they are renting than there are other stipulations. Many will not leave willingly, and will have to be removed by the Sheriff.

You're basically right - what I was looking at was data where there is a column for "sale date" or "auction date" and I thought I had read that the auctions took place at the courthouse. Correct me if I'm wrong. I'm only casually interested in the process at this point because of the number of houses in my area that are either pending auction or are sitting empty now, presumably abandoned.
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Old 11-06-2012, 07:32 AM
 
467 posts, read 1,241,751 times
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Quote:
Originally Posted by Corialanus-01 View Post
You're basically right - what I was looking at was data where there is a column for "sale date" or "auction date" and I thought I had read that the auctions took place at the courthouse. Correct me if I'm wrong. I'm only casually interested in the process at this point because of the number of houses in my area that are either pending auction or are sitting empty now, presumably abandoned.
The actual foreclosure auctions do take place at the courthouse. There are about 1000 a month, and be prepared for the most research you've ever done in your life Clear title isn't guaranteed, and you don't have the right to view the interior of the interior of the property, have an inspection, or test the sytems. Banks will also auction off REO's at other auctions like REDC, but they've already gone through the foreclosure process (or a deed in lieu of foreclosure) to get to that stage.
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