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...the homeowner is threatning me with 3-day notice, help? It all started in december, when i found out the homeowner had defaulted, and all along i was paying rent and doing sweat equity, stopped paying rent. The house is up for auction with in a week, the homeowner "says" he has a buyer and escrow is closing, wants me out the house with in a week and if i dont he'll give me a 3-day notice..... can anyone give me some advice? Thanks
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This will vary widely from state to state and you should be consulting with an attorney with expertise in this field if your case has gone this far. The process in Massachusetts is as follows: 1. When someone has taken your house at foreclosure they can send you a legal notice to leave the premises under a 72 hour notice. 2. If you fail to leave after the 72 hours has elapsed the new owner must go to court to present his case before a judge that you should be evicted. 3. At a hearing the judge will decide if you are to be evicted or not as well as how long you may stay in the house before you must go. Your willingness to pay rent will play a large role in granting more time. 4. If the judge finds against you and you are unhappy with his ruling you have 10 days to appeal his decision. 5. If you have been ordered evicted and you have not moved out on your own by the day designated by the court the new owner may obtain an execution of the eviction judgment which will give a sheriff the right to physically remove you from the premises. 6. A sheriff gives you notice of the execution and as little as 48 hours to move. 7. Anything left in the house is moved by the sheriff into storage, where you will have to pay fees to get it back, locks are changed, resistance at this point may subject you to arrest.
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