Don't Face Eviction Alone
Even after foreclosure, you have rights. Our eviction defense team prepares legal documents and strategies to delay or prevent eviction — giving you more time and options.
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You Have Rights After Foreclosure
A foreclosure sale does not mean you must immediately vacate your home. Foreclosure and eviction are separate legal processes, and each provides opportunities to contest, delay, or negotiate. In every state, the new owner — whether it's the lender or a third-party buyer — must follow specific legal procedures to remove you from the property. Those procedures have timelines, notice requirements, and procedural safeguards that you can assert.
Our eviction defense services focus on two goals: buying you as much time as possible (so you can save money, find new housing, or pursue post-foreclosure legal remedies) and negotiating the best possible exit — including cash-for-keys relocation assistance that can provide thousands of dollars to help with your transition.
Whether you're a former homeowner facing an unlawful detainer action or a tenant in a foreclosed property with rights under the Protecting Tenants at Foreclosure Act, we prepare the documents you need to assert your rights and defend against eviction.
Eviction Defense Strategies
Every eviction case presents opportunities to delay, negotiate, or defeat the eviction.
Procedural Defenses
Improper notice, defective service of process, incorrect parties named, or technical filing errors that can invalidate the eviction proceeding and require the new owner to begin again.
Protecting Tenants at Foreclosure Act
Federal law requiring at least 90 days' notice to vacate for bona fide tenants in foreclosed properties, with additional protections for those with valid, arm's-length leases.
Cash for Keys Negotiation
We negotiate with the new owner for relocation assistance — typically $1,000 to $5,000+ — in exchange for vacating by an agreed date and leaving the property in good condition. This avoids an eviction judgment on your record.
Bankruptcy Stay Extension
Filing bankruptcy can halt an eviction proceeding that has already begun, providing weeks to months of additional time to organize, negotiate, or save for relocation.
Redemption Rights
Some states allow statutory redemption even after a foreclosure sale. If you have redemption rights, an eviction during the redemption period may be premature — and can be challenged.
Answer & Responsive Pleadings
We prepare and provide the documents needed to answer an eviction complaint (unlawful detainer), raising all applicable defenses and requiring the new owner to prove their case at hearing.
Habitability & Condition Claims
If the property has significant habitability issues, those can be raised as defenses to eviction, particularly where the new owner is a lender that failed to maintain the property post-foreclosure.
Section 8 & Voucher Protections
Tenants with Section 8 vouchers or other housing subsidies have additional protections — and the new owner may be required to accept the subsidy and continue the tenancy under certain circumstances.
The Eviction Timeline: What to Expect
Understanding the eviction process helps you make informed decisions at each stage.
Notice to Vacate
After the foreclosure sale, the new owner must serve you with a notice to vacate — typically 3 to 90 days depending on your state, your status (former owner vs. tenant), and whether you have a lease.
Eviction Complaint Filed
If you don't vacate by the notice deadline, the new owner files an eviction lawsuit (unlawful detainer). You must respond within the deadline — typically 5-10 days depending on your state.
Answer & Discovery
We prepare your answer raising all defenses. This triggers the litigation process, which can include discovery, motions, and procedural challenges that extend the timeline significantly.
Negotiation Window
The period between filing and hearing is the best time to negotiate — cash for keys, extended move-out dates, or other arrangements that benefit both parties.
Hearing & Judgment
If a negotiated resolution isn't reached and your defenses don't result in dismissal, the court may enter a judgment for possession. Even after judgment, many states provide a brief period before the sheriff executes the eviction.
Facing eviction and need immediate help? Get your free consultation now
Frequently Asked Questions
What you need to know about eviction defense after foreclosure.
Facing Eviction? You Have Rights.
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