Foreclosure eviction process in Indiana

What generally happens in Indiana once you receive a writ of assistance order? Do you also get an eviction notice , if so what is the average time they give you to vacate? Will the sheriff show up and put us on the streets with no further notices? Very confused on this eviction process. Please help.

I am not familiar with the "writ of assistance order", but will discuss the general steps of an eviction to help you understand. Is the rent unpaid at this point?

When there is a significant lease violation or unpaid rent, a notice is issued from the LL to the tenant. This can be called a Pay or Quit notice, a Perform or Quit notice, an Unconditional Quit notice, etc. In IN, this notice is a 10 day notice.

When a property is foreclosed on or a new owner buys it at auction, a one month notice to vacate is issued to the tenant. (Same as for a month to month tenant, but the amount of notice can vary by state. Your state uses a one month period.)

These are the first steps toward an eviction if the tenant does not leave. After one of these notices is served, the tenant has a specified amount of time to vacate the house or apartment. If the tenant fails to leave during this time, the LL goes to the court and files an eviction suit. The court delivers official notice of the eviction hearing to the tenant. The tenant should show to this hearing and give testimony as to why he should not be evicted. If the evction is ordered, the judge gives notice to the tenant that he must move out by a certain date (usually 3 - 30 days later). If the tenant still does not move out, a set out s schedued with a court official or sherriff deputy (usually 72 hours after the above date has expired). At that time, the court official will remove the tenant and his belongings and place them on the street.

You need to find out what the notice is that you recieved. I suggest caling whomever delivered the notice to you.

It is a foreclosure eviction, the house sold at sheriff sale already. I received the "writ of assistance" and was told I would receive eviction papers next then the sheriff will be out next.What will the sherriff be out to do serve papers or put us out on streets? If its for papers how much notice will they give me? I've never recieved anything to vacant in 30 days, the notices all said vacant immediately.

You said ALL notices said to vacate immediately. How many and what type of notices have you received so far and when did the sale occur?

The sale occurred on june 6. The first notice I received was from a real estate company offering cash for keys. The second was from the Mortgage company's attorney (mailed,not through the courts) saying the bank took back possession of the home and all residents needed to vacate immediately or he would order the sherriff to evict residents and their possessions. Then I received a writ of assistance order served on door by sheriff. The secretary for the mortgage company's attorney said (via phone) that the writ of assistance order was the first paperwork and the eviction mailing was next (probably 1st week in august) then that was when it was time to get moving. She couldn't tell me how much time if any I would have after the eviction mailing came. I have not received any notices saying "Eviction Notice". Does the sheriff show up with the eviction and put us on the street or will we get a notice, if so how long of a notice?

You should have accepted the cash for keys. That was the best offer you were going to get. They already gave you the required notice to vacate. You refused to leave. Now it is in eviction status. You need to get out NOW, or risk being set on the street. I can't tell you how long you have since no one here knows how quickly your court works or how many cases are ahead of yours. But expect to be put out soon. I would be out in days if I were you.

Your property was already sold. They offered you a good deal ($) and you refused. They gave you the notice to vacate and you still refused. Now they are evicting you. Move now or risk having your belongings set on the curb. You are in the final stages.

Live in Indiana...rented house, in less then two weeks found out septic leaking in house..Landlord refuse to fix it or give back money ...Forecloser notice and bankruptcies papers where sent to house. Is it legal to rent a house that's in forecloser ?

[sandyclaus]

Originally Posted by kelley Live in Indiana...rented house, in less then two weeks found out septic leaking in house..Landlord refuse to fix it or give back money ...Forecloser notice and bankruptcies papers where sent to house. Is it legal to rent a house that's in forecloser ?

Unfortunately, YES, it is.

The property can be rented as long as the LL holds title to the property. If the bank hasn't taken the property back, or the property sold to a new owner, then your current LL can continue to demand and collect rent for it as long as he still owns it.

I would, however, consider contacting local health authorities and having them inspect that leaking septic system. That's a serious health hazard.

Keep in mind that the owner will almost certainly lose the house in the near future. If you have a written lease at the time that ownership transfers, then your lease will remain in effect until the end of the lease term. You would be protected under the Protecting Tenants at Foreclosure Act from being evicted until that time.