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Question

If a house is up for auction (due to foreclosure) can someone still occupy it?

My father in law and mother in law are going through a nasty seperation, they haven't actually filed for divorce yet. They have not made a mortgage payment since March of 2009. The house goes up for Auction on November 3rd (next week). They have rented a home and were living in it and my father in law decided to leave and go stay in the abandoned/foreclosure house. I say he shouldn't be staying there and she should call the cops. She is afraid this will come back on her since her name is on the mortgage too and they aren't legally seperated, or would he just be the one in trouble if the cops knew he was living in the foreclosed home?

1 month ago - 3 answers

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Chosen by Asker

Until Nov 3 this is not a problem, after that he will be trespassing.

by Janet P

1 month ago

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Other Answers

sorry but UNTIL the ownership legally changes, any family member may live in the house! [and actually longer than that; the new owner must seek a court judgment IF any occupancy of the house does not want to leave; that takes 30 days min.]

by kemperk- 1 month ago

He can live there until the Sheriff shows up and tells him he has xxx amount of time to pack up and get out. Legally, the parents still both own the house and can occupy it. After the auction, it is up to the bank how fast they want them out. Don't call the cops, they have better things to do, and real criminal activity to investigate and fight.

by My Take on It- 1 month ago