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Banks can be bullies. That is why it is so important to find out what your rights are. The bank sure isn't going to tell you. Eviction proceedings vary from state to state. You ought to be able to find out a lot from your state's web site. In a foreclosure, renters are entitled to a 90 day notice to vacate. That is federal. Some time ago, California passed a law to protect renters that afforded renters a 60 day notice. The federal law was passed later and takes precedence. When I found my 3 day notice on the gate I contacted a federal housing administration in Washington DC. I didn't know it was in Washington DC when I called them. Their phone number was attached to the notice to vacate. They confirmed the 90 day notice and told me if I was having trouble with the bank to contact my congressman, which I did. I was just glad I had a renter. He had to send the bank a copy of his lease. The bank started to argue with us and say it didn't apply. That is where the congressman came in.
In California, after the foreclosure sale, the homeowner can be served a three day notice to vacate. If they are still there in three days, the bank will file a wrongful detainer suit. When the homeowner receives the wrongful detainer suit, he has five days to respond to the court. After that, the suit is set for trial, usually in less than 20 days. When the case goes to court, the homeowner states his case and the bank states theirs. If the homeowner loses, which is probable, he still has a certain amount of time to vacate. I think it is three or five days. Only then will the sheriff appear.
Each state is different. It will pay you to find out what the procedure is in your state. Then be proactive. If I hadn't been, my renter and I would both be out on the street by now. But because I had made the effort to find out what the law was, we are not.
Yes, everybody needs to check their own state. It's very different here than it is in CA. The law removes people right then (as stated above) if they are not out by judges orders. Renters and homeowners basically have no rights here in the case of a foreclosure sale...the property has actually been sold and the new owner has the right to take possession. Before the house is sold to a new owner it's a different story. Most homeowners cannot be forced out before an actual sale (and they have the right to see proof of a transfer of ownership)...although foreclosure/auction notices will often imply otherwise. Any new laws that have been passed in the last 6 months or so I am not aware of.
Of the many homeowners I've known that tried to refi or modify, I'm aware of only 2 that went through, at great end cost to the H.O, I might add, and one of those was with a year's worth of the bank "losing" paperwork or over and over claiming it was never submitted, and requesting the same paperwork over and over, or sending items with crazy deadlines of the same day things were received from them...they make it as hard as possible to keep up with their confusing requirements.
