How does the Eviction Process work?
April 10, 2007
Foreclosure not only affects the Home Owners, it has a broad brush and hits everyone it touches. This article I found on the web, looks into the how a deputy in South Carolina has been put in the middle of this mess. The article speaks to the facts and numbers and how they have increased dramatically over the last year.
This article is written by PAGE IVEY, posted on The Ledger.com.
"LEXINGTON, S.C. - Deputy Jon Shokes knows a few things about you by the time he shows up on your doorstep.
He knows whether you or anyone who lived at your home has ever been to jail. He knows whether police have ever been called to the house.
And, with his roll of industrial-strength tape and an eviction notice in hand, Shokes also knows that you haven't made your mortgage payments.
"Like anything else I do in law enforcement, I want as much information as possible to keep myself safe," Shokes said during one recent day spent posting some of the 150 eviction notices he's served in the past 18 months.
As mortgage foreclosures increase around the country, it's left to Shokes and other law enforcement agents to complete the final steps in the wrenching process of forcing a family from a home. It's a lengthy trail that leads from notices of late payments to court hearings before being handed to someone like Shokes. When it goes smoothly, he often finds a family has moved out before he posts the final, 8 1/2-by-11-inch eviction notice on a door.
The few times it's gone badly, emotions run high.
"I guess the hardest part, and I don't run across it a whole lot, is when they have children and the children don't understand. They see the uniform, they see the car, so I kind of work a little bit harder," said Shokes, a 20-year veteran.
Shokes, the only deputy who serves foreclosure notices in Lexington County, makes three attempts to contact a homeowner before posting the eviction notice. He stops by at different times of the day and chats for a spell, mostly to make sure they understand what's about to happen.
"Most people - I'd say probably 99 percent of them - understand why they're losing the home and they don't take that out on me," he said.
He's been fortunate to have avoided "major problems," he said, but "It's still a very dangerous situation any time you're taking something from someone."
The notices effectively start a clock ticking toward a deadline for a family to vacate a home, which is usually the next time Shokes will arrive at their door.
Home to about 240,000 people in central South Carolina, Lexington County's foreclosures typically have stemmed from divorces, job losses or illnesses that leave people unable to pay mortgages, according to the stories Shokes has heard from the people he has evicted.
But the fastest growing area of mortgage foreclosures are high-priced loans made to people with problem credit - also called subprime loans. In the last three months of 2006, about one of every 14 of those adjustable rate mortgages in the state was in foreclosure, according to the Mortgage Bankers Association. Every so often, Shokes arrives at a home to find the residents haven't prepared to leave, and eventually a bank sends a moving company to pack their things.
"I've had some that didn't want to leave," he said. "They don't believe that someone is actually going to take all their personal belongings and put them out on the street."www.theledger.com
This must be a very tough job in some cases. Anytime foreclosure affects little children and their families it has to make you wonder what has gone wrong. Everyone should have a right to own a home and it should only be in a small percentage of cases where eviction should need to happen. The federal government is going to have to step in to help some of these families. In many cases this is happening to them because a Mortgage Broker has gotten them into a no win situation. There is some legislation in the works to try and hold some of them accountable and slow the rising problem. Sadly for many homeowners this help will not come soon enough and people like deputy Shokes will be paying them an unwelcome visit. We can only hope it will not be you.
Please contact us or leave a comment if you would like some more information on this topic.
Comments
Please help, my Mother is 82 years and had filed a Bankruptcy in 2006 to stop a Sheriff's sale. Evidently it didn't stop it and tonight my mother received notification that she must leave her home of 30 years by 10.00 a.m. tomorrow. She has recently had a heart attack and heart surgery and cannot be stressed. Please contact me ASAP if you can help. My phone # is 317-222-0068
Unfortunately there is nothing that we can do after a sale has taken place. It appears that her Bankruptcy attorney should be able to set aside the sale if indeed there was a Bankruptcy filed.
My mortgage company called this morning and said there is nothing I can do. They are going to evict me today. I am one payment behind and I sent a payment three days ago. They say sending a payment now is useless. Is this how eviction works?
I need to know the eviction process after foreclosure in Rhode Island.
I need to know the eviction process after foreclosure in Detroit, Michigan.
I am pending eviction in 10 days of my mobile home that i own on landlords property.I am selling and has been on market since dec. 2006. my fiancee' left me for a much younger woman and also robbed me on the way out. The paper states that i must pay$1,936.50 by Aug 13. Tonight i came up with $236.50, and am still trying and have communicated that with them. Will sending this and i am begging family for more, postpone this a little/ I am permanently disabled with a brain injury, Scoliosis and severe osteoporis and anxiety. Help
I live in Dade City fl, live in a home that is being foreclosed on . I am not the owner , what will happen , how long will eviction process take ? Thanks
About a year ago I leased a property with the option to buy. A year went by and we tried to get a conventioal loan, or so we thought. The 2 men selling the house were more than helpful, they said they would take care of everything. I was working as a Subway Manager, about 70 hours a week with no chance ot go to a bank other than making a deposit. They kept bringing me aggreements to sign, first it was to be sold for 108,000.00 for 40 years, then the bank wanted a apprasal on the property. The site apprased at only 70,000.00. meanwhile a month and a half went buy. They kept telling me and my wife not to worry they are working very hard to get us this lone. They came back with another aggreement for me to sign selling me the house for 70,000.00. I signed it and waited. I decided to call the bank and find out how the loan was going. I had pulled my credit and notice the bank had never check it, The bank told me there was no record of the loan. By this time almost 3 months have gone by. We had taken the money we would have payed per month and did a slew of repairs to the house, refinished the floor, redid the bathroom floor, repaired the roof and a lot more. This house was built before central air and heat. When we moved in the 2 men gave me 1200.00 for a central air and heat unit. I install the unit myself and bought insalation myself. Anyway, both of the men showed up to my work and said the bank turned us down flat and they were out of options,but they would carry the note for one year. They wanted 980.00 a month for something we were paying 450.00 for. I told them I could not do that, I simple did not make that much money. Without missing a beat one of them said ok fine you need to be out in 30 days and you owe us 3 months rent, we are informing you now you are being evicted. My mouth dropped and I just stared at both of them. I told them it would take me 2 week just to pack. I have 3 girls. They did not say a word they just left. 2 days later I got a letter from there attorny stating that we agreed to be out of the house in 2 weeks, which I did not. Me and my wife appled for an FHA loan and found we could get one for 75,000.00 with 3% down and payments of 480.00 a month. I do not want to reward them by buying this house, but we know it will take us more than a month to get a house and the loan. We have no other place to go and no downpayment. We have not been served with a notice of eviction yet either.
IN ohio how long does it take to be served by the sheriff after the house has been sold. also does the broker for the bank have a right to put a lock box on your house, before a notice of eviction or transfer of Sale?
Need to know if there is a way I can still file bankruptcy after a sale date has been scheduled.
Also need to know about a Redemption Period to allow me to purchase my home.
Also need to know about a Redemption Period to allow me to purchase my home.
I need to know the eviction process after foreclosure in Maryland
Need to know if there is a way I can still file bankruptcy after a sale date has been scheduled.
I am on a mortgage with my now ex husband who had 90 days to refinance in his name. He has now filed bankrupcy and they are coming after me for payments so the house is going to be foreclosed on. Who has a right to the house now sicnce he is not living there and has most everything moved out. I have a key and some items there, can I go in the house whose mortgage my name is still on?






