Foreclosure Eviction Laws: How Long Can You Remain in Your Home

If your home has been foreclosed, you might be wondering how long you can stay before you have to leave. The answer primarily depends on your state's foreclosure laws and eviction procedures. In some states, homeowners have a post-sale redemption period allowing them to stay for several months, while in others, eviction proceedings can start soon after the foreclosure sale.

Typically, after a nonjudicial foreclosure, the new owner (usually the lender) must serve a written notice giving a deadline to vacate. This notice will usually give you between 3 and 30 days to move out. But the timeframe depends on state law. If you don't leave by the deadline, the new owner can file a formal eviction lawsuit to get possession of the property. This legal process can take weeks or months, but staying throughout might hurt your credit and future rental opportunities.

And in some cases, the foreclosing lender can get an eviction order as part of the judicial foreclosure process.

How Long Can You Stay in Your Home After a Foreclosure?

Again, how long you can legally stay in your home after a foreclosure depends on state law: In some states, an eviction can start shortly after the foreclosure sale. In others, a foreclosed homeowner may stay in the property during a post-sale redemption period, which could be several months, or until some other action, like confirmation of the foreclosure sale, occurs. Sometimes, the foreclosing lender can get an eviction order as part of the foreclosure process.

So, the length of time a former owner can legally stay in the home after foreclosure varies significantly depending on state-specific regulations and whether the foreclosure was judicial or nonjudicial. To get information about eviction after foreclosure in a particular state, see our state-specific foreclosure topic area.

But if you don't vacate the home after your legal right to live there ends, whoever bought the property at the foreclosure sale (typically, the foreclosing lender) will evict you.

Eviction Lawsuits After Foreclosure

If the lender gets the property at the foreclosure sale in a nonjudicial foreclosure, it must then file a proceeding (a lawsuit) separate from the foreclosure action to evict foreclosed homeowners. Before filing the suit, the lender typically has to give notice, sometimes called a "notice to quit."

Notice to Quit

The notice to quit gives the foreclosed homeowner a specific amount of time, like three days under California law (excluding Saturdays, Sundays, and other judicial holidays), for example, to leave the property. Again, generally, the notice will give between 3 and 30 days.

After an Alabama foreclosure sale, the purchaser must give ten days' notice to leave (a demand for possession) before starting eviction proceedings. (Ala. Code § 6-5-251 (2025).) In Montana, in most cases, the purchaser at the trustee's sale is entitled to possession of the property on the 10th day following the sale. If the former owner doesn't leave, the purchaser may initiate a lawsuit to evict the former homeowner after giving notice to quit. (Mont. Code § 71-1-319 (2025).)

In Utah, the eviction process starts with a notice to quit. If you still don't leave by the deadline given in the notice, the new owner will go through the court system to evict you. (Utah Code § 78B-6-802.5 (2025).)

Eviction Lawsuit

The lender then files an eviction lawsuit if the foreclosed owner doesn't move out. This suit is often called an "unlawful detainer" or "forcible entry and detainer" action.

An eviction procedure might take a few months, giving you more time in your house payment free. However, staying throughout the entire eviction process usually isn't a good idea.

Should You Stay Through the Eviction Process?

Staying in your home until an eviction process is complete after a foreclosure might seem like a good way to buy yourself some extra time in the home, but taking this approach has several risks and downsides. It's often best to move out at the end of the period given in the written notice instead of waiting until the new owner goes to court and gets an eviction order.

If you're sued, it's a matter of public record and can hurt your ability to rent or lease in the future. You'll already have bad credit due to the foreclosure (and bankruptcy if you go that route) and many landlords subscribe to private databases that screen prospective tenants for being the subject of previous eviction lawsuits. That fact, above all others, can lead a potential landlord to turn down your application for a lease or rental agreement.

Additionally, staying might also increase your liability for any damage to the property. Because these factors can complicate future housing and financial situations, it's generally advisable to move out as before the notice to leave expires, rather than waiting for the completion of the eviction process.

Eviction as an Extension of the Foreclosure Action

In some states, the lender can include an eviction as part of a judicial foreclosure. When an eviction is an extension of the foreclosure action, it can happen quickly.

What Is a Writ of Possession or Writ of Assistance?

If the foreclosing lender is the purchaser at the foreclosure sale, the lender then asks the court for a "writ of possession" or a "writ of assistance." The writ is a court order telling the sheriff to remove you from the home.

Notice to Leave

Typically, the sheriff will post a notice on the front door giving you 24 hours to leave. If you don't move out by the deadline, the sheriff's crew (or a crew the new owner hires) may physically remove you and your belongings from the property.

Talk to a Foreclosure Lawyer

Foreclosure laws vary widely from state to state. Consider talking to a foreclosure attorney who can help you understand your best options based on your state's laws and your specific circumstances.