We frequently get calls from tenants and persons losing their homes to foreclosure who are concerned that their landlord or mortgage company can show up and simply lock them out.

 

It is an absolute rule, that you cannot be evicted from your home without a court order.  Period.  In fact, if your landlord or mortgage company locks you out without a court order, then kick in the door and move back in because it is still your home.  They can be sued for wrongful entry and detainer and you can be awarded damages.

 

For a foreclosure, you have the right to occupy the home for 6 months after the sheriff’s sale date.  Even then, the mortgage co. has to get a court order to get you out if you have not already left.

 

It used to be that if your home was on more than 3.5 acres, then you could stay a year after foreclosure. But the mortgage companies and their Republican friends in the Michigan legislature changed that old law and made it easier for the New York bankers to put Michiganders out of their homes.

 

If you want to save your home from foreclosure, then consider a Chapter 13 bankruptcy.

 

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