By: Heather Peck, Rosen & Company West

Every state is different when it comes to foreclosures. And in times like these, things have changed. Even here in Las Vegas, it used to be if they foreclosed on your house, the sheriff showed with someone from the bank up a day to two later to evict you, lock you out and then make arrangements for you to come back and get your stuff.

But these are troubled times, and there are large numbers of homes being foreclosed on every day. Currently, at least in Las Vegas, if your house is not purchased at auction by an investor or new owner occupant, the bank will assign your property to an asset manager. This could be a real estate agent or an asset management company who takes care of the property until the bank is ready to list the house.

The asset manager or agent will come by and do an occupancy check to see who’s living in the house. If its a rental tenant, they have different rights than the previous owner.

If you’re a tenant with a lease, the bank has to, by law, give you at least 90 days to make arrangements to move. They may offer you cash to move sooner, or if you have a lease that doesn’t expire for a longer period of time, they are supposed to honor the terms of your lease. This doesn’t mean you don’t have to continue to pay rent, it just means you’ll pay it to the asset management company or whoever the bank chooses while you make plans to move. Another alternative is to go get prequalified and buy the house you’re living in.

If you are the previous owner, the process is a little different. After they do the occupancy check and discover you are still living in the house, they will probably still offer you a cash for keys offer, giving you 30 days to move and also offering you up to $1500 to move and leave the property in good condition. But make no mistake, you have to move out. You have no rights, and the bank is just trying to protect their interest by offering you cash so you won’t trash and strip the property when you move. They could call the sheriff and have you evicted if they wanted to. Once the title went back to the bank (and it usually only takes 1 day to record back into the banks name), you’re tresspassing and subject to immediate eviction.

Another scenario is when an investor buys the house. They may actually come and try to make a deal with you, offering to rent the property to you for a couple of years, and possibly sell it back to you on a lease option. Depending on your current financial situation, this may or may not be a good option for you. Rent may be less than what your house payment was, and you don’t have to move. They will probably want an option payment, but you haven’t paid a mortgage payment for 6 or 7 months so hopefully you now have a little cash set aside.

Lastly, a new owner occupant may have bought the property at the auction. This is now beginnning to occur more frequently. They have the right to evict you. They too may offer you a small financial incentive to move or they may show up with the sheriff. Its their call. Remember, once the property sold to someone else, you’re trespassing.

Foreclosure is a difficult situation and no fun for anyone. This process as I described may or may not work in other states or even cities across the country. Take the time to find out how it works where you live. Talk to a couple of agents who specialize in foreclosures in your town.

Please don’t put your head in the sand. No one wants the sheriff to show up and tell them they have to get out NOW!

If you’re behind on your mortgage, or you think you’re going to be, call a professional and find out what your options are. The sooner you do, the more options you have. They may include a loan modification, forensic audit, deed in lieu, short sale or foreclosure. Some processes are just bandaids, some are real solutions depending on your situation. There is lots of help out there, and a lot of it is free.

Contact Heather: 702-595-7380 or email: LasVegasExpert@yahoo.com