is eviction the same as foreclosure?
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Not really Theo, they are two different legal matters, foreclosure goes to title, eviction goes to possession of a property. In foreclosure some rights of an owner are not fully terminated, in an eviction, leasehold interests are terminated.
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Evictions aren't included on your credit report, and neither are certain types of public records such as eviction judgments. However, that doesn't mean an eviction leaves your credit squeaky clean or that potential future landlords won't know about your eviction history.
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If your landlord wants to evict you for rent arrears, in most cases they'll need to get a court order called a 'possession order'. Once your landlord has got a possession order, it might give a date by which you have to leave.
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Landlords are pretty much like homeowners when it comes to mortgage payments. If they don't pay the mortgage, they can be foreclosed. The difference is that when a landlord is foreclosed, the process can harm tenants more than the property owner.
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If you don't file an answer or go to court, your landlord can ask the judge to find you in default. Then the judge may let your landlord show there is reason for you to be evicted. ... An eviction judgment can also be for damages, meaning you'll have to pay money to the landlord.
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A notice to quit is the notice often referred to as "eviction", given by a landlord to a tenant to leave the premises either by a certain date (usually 30 days) or to pay overdue rent or correct some other default ( pets, damage to premises, too many roommates, using the property for illegal purposes, etc.)
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As most know, if a tenant does not pay rent, then the landlord can seek an order from the Landlord and Tenant Board (LTB) terminating the tenant's tenancy and permitting the landlord to evict the tenant. If the LTB makes an eviction order, the eviction can then be carried out by the Court Enforcement Office (Sheriff).
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No, not always. It depends on what stage of foreclosure the property is in: preforeclosure, auction or bank-owned. In the preforeclosure stage, the house can be sold through what's called a short sale. The bank-owned stage is when the lender has taken possession of the property and is trying to sell it.
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A landlord can't begin an eviction lawsuit without first legally terminating the tenancy. ... If the tenant doesn't move (or reform—for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.)
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Tenants do not make rent payments to the original landlord after the property is lost in a foreclosure sale. They are no longer your landlord because they no longer own the property. ... Tenants must always receive proper written notice to vacate before a new owner or bank can begin an eviction action.
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Foreclosure. If a lender or mortgage loan servicer fails to get a response from a borrower and still doesn't receive payment after filing a Notice of Default, the lender may initiate the foreclosure process. This may happen as soon as three months after the first missed payment.
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If they don't pay the mortgage, they can be foreclosed. The difference is that when a landlord is foreclosed, the process can harm tenants more than the property owner. For renters, the big issue when a landlord is involved in a foreclosure is what happens to the tenancy.
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Thus, the eviction process from the end of the notice period can take from five weeks to three months, assuming there are no delays. Consider speaking with a landlord-tenant lawyer in your area if you have additional questions or need legal assistance.
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More on Evicting tenants legally. Illegal eviction is a serious civil and criminal offense, and a landlord can be prosecuted if guilty of doing so. ... Only the court can decide whether the tenant has to leave the property. It will normally take several weeks before the case is decided in court.
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Having an eviction on your record may make it difficult to qualify for housing. Generally, it depends on the reason the household was evicted. ... If you owe money to to any housing authority, you will have to settle that debt to be eligible for assistance again.
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As nouns the difference between default and foreclosure is that default is (finance) the condition of failing to meet an obligation while foreclosure is (legal) the proceeding, by a creditor, to regain property or other collateral following a default on mortgage payments.
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The important points Grounds for eviction fall into two categories - mandatory and discretionary grounds. If mandatory grounds are proved the sheriff has to grant a court order for your eviction. Discretionary grounds, even if proved, still allow the sheriff to decide if it is reasonable to evict you.