How to Get Your House Back After a Foreclosure Has Been Reversed
If you had a foreclosure judgment set aside due to procedural error, or if you took advantage or your state's right of redemption laws, you have the right to move back into your home. The difficulty of recovering physical possession of your home varies, depending on whether the home is being occupied by the foreclosure sale's highest bidder.
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Instructions
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Contact the court that set aside the judgment. If your foreclosure judgment was reversed by a court after a judicial foreclosure sale, the court should assist you in recovering possession of your home. If your home is currently occupied by the winner of a foreclosure or sheriff's sale, you'll need the court's assistance regarding how to proceed. The court will need to issue an eviction to the current possessors; the current possessors will be given a specific time frame for moving out.
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Speak to the bank if your home is now bank-owned. If your home is now bank-owned, you will need to contact the bank about the foreclosure reversal; that is, if the court that set aside your judgment hasn't already informed the bank. All will need to be cleared with the bank, and the bank/lender will have to approve of you moving back in if the lender is now the owner. Exactly what process is required is unclear, as it depends on your credit and other factors; you might be able to get your mortgage reinstated or you could refinance.
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Contact a lender about refinance or loan modification. If your foreclosure was due to your lender's procedural error, and you didn't fall behind on your payments, you should qualify for a new mortgage or a reinstatement. If you had significant equity and your credit is otherwise good, obtaining financing shouldn't be a problem.
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Consult a real estate attorney about your situation. Foreclosure reversals are not very common. As such, you will benefit from an attorney's professional opinion on how to proceed.
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Tips & Warnings
If a court declared your foreclosure void, you must speak to the clerk of the court that issued the declaration. The court clerk will be able to assist you in how to proceed.
Additionally, if your home is occupied by the winner of the foreclosure sale, you'll likely need court assistance as there are likely several processes that need to be reversed.
