posted
I started writing this in, and found myself to be surprisingly ignorant on the subject (which is a good thing, I suppose). Under what circumstances could a person have her home taken from her, and how would it happen? The two things I can think of are 1) the IRS for failure to pay taxes. 2) a bank for failure to make loan payments...
Is that accurate? If so, what would be the end of the process? Is there just a set day you have to move out? Do "they" show up unannounced? Who are "they," a contracted company? Would the house be auctioned off immediately thereafter?
[This message has been edited by TheoPhileo (edited July 25, 2004).]
posted
Well, the one I know best is "eminent domain" - where the goverment can take your privately-owned home/land, for a fair market price/value, for public use (say building a highway). There is plenty of planning time and warning - it is no surprise, and you can fight it, but unless you convince them they don't need your land, they can take it. If you can get your house declared "historical" you can get out of it, though that takes quite a bit of work.
My understanding is that the IRS cannot take your primary residence for failure to pay taxes. They can do a lot, garnish wages, put you in jail, take and auction other stuff you have, etc.
If you don't make mortgage payments, a bank can foreclose. Again, there would be warnings and time periods - a lien can be put on your house so you can't sell it yourself.
If your house (say a townhouse) is part of a condo association, and you don't pay your dues, the association can also put a lien on your house (after 90 days is the law in Maryland), and eventually can go to court to foreclose, but would have to pay off the bank holding the mortgage. It could then sell the place. You would know it was happening, and would have to move.
You would have "move out" deadlines - it would not be unannounced. Even people evicted from apartments, coming home to find their stuff outside, would know ahead they were supposed to move (except in rare cases, and then they sue the landlord!).
You are required to move yourself. I'm sure they have services to remove your belongings, and yourself, if necessary.
The auction would not happen right away - they probably have to do inspections, and might need to clean up (especially if you were mad and trashed the place prior to leaving, but you could get in trouble for that I bet). It would be scheduled and published.
I'm on a housing association board, and did some legal studies in the area, just so you know I have reason posting!
[This message has been edited by punahougirl84 (edited July 25, 2004).]
posted
Are you looking only for US answers? I could give you a few other situations for the UK, if you were interested.
Posts: 626 | Registered: Jun 2003
|
posted
Where I live you can loose your home if you do not pay your property taxes. This is only after years of unpayed taxes,being contacted by the local tax collector, legal notification, announcements of the auction in the paper and finally even after the property auction there is a year waiting period before the winning bidder takes the property. During that waiting period if the taxes are paid the property reverts back to the original the owner. There's also bankrupcy, but I don't know a thing about that.
Posts: 397 | Registered: Mar 2004
|
posted
"They" are often the police. At least the police are the people who deliver the eviction notice, and if there are problems, the police will be the ones who enforce it. I believe this is most often the jurisdiction of the Sherriff's Department, so it would probably be a couple sherriff's deputies showing up with the eviction notice.
Posts: 1528 | Registered: Dec 2003
|
posted
The extent of my knowledge on this matter comes from the film "Happy Gilmore". They had his grammy move out, held it for a while during which they could have come up with the money, then it was sold at auction.
Posts: 334 | Registered: Sep 2003
|
posted
A few houses in our neighborhood have been foreclosed on. One thing that is almost always true in these cases is that the time period between the people moving out and the actual sale of the home is a frustratingly and unnecessarily prolonged one. So our nice little neighborhood has this house with a dead lawn and weeds three feet tall and when the new owner moves in they have a LOT of work to do (and extra expense) on a once-nice house.
Posts: 1672 | Registered: Apr 2004
|
posted
Do your characters have to own the house or could they be renters?
If they rented, you could have a court ordered eviction for any number of reasons: non-payment of rent, willful destruction of property, special clause in the lease, owners want to move back or sell.
posted
Laws on the what has to happen and how long it will take vary by State. But genreally, in the event of a Mortgage, the homeowner would first be given written notice of late payment. Then written notice of collection action, etc. The actual repossession ususally takes a court order, so a judge is involved. A "Notice to Quit" would be served, giving 30 days or so to get out. After all of that, the property owner has a redemption period of up to one year in which to pay the outstanding balance due and reclaim the property.
I believe income taxes would also have a redemption period. The only thing I have ever personally seen the IRS do is a lien, although I have heard of instances of homes being taken, but it depends on the amount of money owed. If you only owe a couple thousand bucks, they're not likely to snatch your house.
Property taxes, varies by State. The house could be sold for taxes and the homeowner might not know. (Assuming the owner can't read or chooses to ignore the written warnings). First notice might be the Sheriff showing up and telling the occupant to move out.
There's another one that I thought of just a minute ago, but it's slipped away again. If I remember, I'll post it later today.
Eminent Domain the government usually gives fair market value on, so the omeowner would have a chance to negotiate.
Condemnation for Health or orther Code violations, is possible. Although I think this one would be stretching it.
I believe the President has the authority to order you out of your home in the event of an emergency. I would expect this power to pass to local law enforcement.
posted
Thanks for all the replies. Way more than I expected, though I probably should have been more specific.
Let's say everything has gone through, notices, court orders, etc. for a bank foreclosure What would happen on the final day the owner could live there? Would they just pack up and leave, or would somebody be there to make sure she in fact leaves by a certain time? Would she have to turn the key over to somebody?
posted
In the case of renters, the sherriff comes and removes their belongings, which go into storage. At least in Salt Lake City.
I guess that would be the county sherriff, assuming the action is administered from county court. It may be that all matters involving transferance of property involve the county. I would imagine that getting a court order to remove residents might be similar no matter who it is forcing the removal.
One time the amount I paid on my property tax was slightly different from the amount accrued, so they sent me a notice that if I didn't pay the $2 and change they would take my house. But it was some distant date. At least seemed so at the time.
posted
Okay, if I understand it right what would happen is: The occupant would receive a notice from the court to move out. If the occupant did not move out on the time and date set, the new owner (accompanied by a Deputy), would have to move them out. The Police usually don't like to get involved and I have been told that they are only there to keep the peace, not to move furniture.
One of our local Landlords moved some tenants out by hauling their stuff into the yard and burying it with a bulldozer. The police were not there at the time, or he would not have been allowed to do this. There were there after, however, and at his house-- and his business.
Places like FHA and HUD hire a service to clean up and winterize the places. Big mortgage companies usually hire a Real Estate Agent to coordinate getting the place cleaned up and marketed. If the broker were to determine that someone still resided in the residence after eviction, the lender would be notified. The lender would notify the Attorney (usually local), who would notify the police, who would escort the folks out. Usually, at this point, they will watch the occupants (owners or owner's agents) move stuff into the yard. Smaller local banks may have a bank officer that is in charge of looking after the property and coordinating clean up and resale.
Printer-friendly view of this topic
