Foreclosure Eviction Process With Nc With No Lease
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FAQ
The Purchaser at the foreclosure sale must allow the tenant to stay at the property until either the end of the existing lease term or one year from the date the purchaser acquires ?title? (legal ownership of the property)whichever is sooner.
Step 1 ? Send Eviction Notice to Tenant. Step 2 ? Wait to Hear from the Tenant. Step 3 ? File in Court. Step 4 ? Serve the Tenant. Step 5 ? Appear in Court. Step 6 ? Obtain Writ of Restitution. Step 7 ? Repossess the Property.
If you and the former owner cannot reach an agreement, you can serve the former owner with a Summons and Complaint for Unlawful Detainer. Your complaint can ask the court for an order evicting the former owner and giving you possession of the property.
If the property you bought is occupied by the former owner (the person who defaulted on the mortgage and lost the house to foreclosure), you must use the "formal" eviction process. (NRS 40.255(1).) The "summary" eviction process CANNOT be used to evict a former owner after a foreclosure. (NRS 40.253, 40.254.)
To begin the eviction process, the landlord must file a Magistrate's Summons and a Complaint in Summary Ejectment with the Clerk of Court. In most cases, the landlord must give the tenant advance notice to end the lease or make a demand for past-due rent before starting the eviction process.