When do I have to move?

Once you are no longer the legal owner, the new buyer has a legal right to put you out.  The buyer might be the mortgage company, or it might someone else. Once the sale becomes final, the buyer first needs to pay the bid (unless the mortgage company was the high bidder using only a “credit bid” up to what was owed on the mortgage). The judge will then execute a deed to the buyer, which will be recorded. This usually occurs within 10-14 days after the sale.

If you do not vacate the property timely, one of two things can happen.  Whoever buys the house may initiate another legal process to have you evicted.  This takes much less time than the foreclosure, usually taking only a month or so. 

Or, depending on how the Order and Judgment of Foreclosure reads, it may empower the County Sheriff to put the purchaser into possession of the property without the need for a separate eviction.  In that case, the purchaser can ask the Master in Equity or Special Referee to issue a “Writ of Assistance” to direct the Sheriff’s department to do so.

If you know you are going to need additional time after the foreclosure sale to vacate the property, it is best to file a written request with the court asking for more time.  You will need to send a copy of that written request to the mortgage company’s attorney.  The court will then hold a hearing to determine how much more time, if any, is reasonable.