If a deceased person's house is foreclosed and purchased by 3rd party - how do you get possession?

5 Replies

I'm looking at a house that is due to come up at a Sheriff's sale.  The owner is deceased and the mortgage company is foreclosing on the house and knows that the owner is deceased.  In looking through the windows in the house, the house is empty.  No furniture, etc so the owner's relatives probably cleaned up the place.  If I win the auction and get deed to the property, I don't know if there's a point in filing an eviction notice since no one lives there so the question is, do I just wait the 30 days as required by law and have a locksmith change the locks?  House is in Illinois so if anyone has experience with Illinois law, that would be helpful.

Thanks in advance

It's vacant.  When you get possession, do whatever you want.

If the house is vacant when you get possesion then there are no tenant rights to worry about unless your local juristiction requires a posting/notification period.  Change the locks immediately regardless and leave a note with your contact information.  That way if the previous owner's family has any issues they can contact you, never leave the house unsecured where someone else can access it without your knowledge.  We have seen issues in the past where neighbors/kids would go in an loot or damage the places when the previous owners moved out and they know it was going to the auction.

Where I live any possessions in a vacant house also transfer over with the exception of registered vehicles, boats, etc.  Those you can get impounded or you may have to tow away at your expense.

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