Eviction Timeline in CA

How long after a foreclosure do you have before you must vacate, and does an eviction notice have to be served. This case was a public auction sale in California.

Posted by threereasons03
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69 Answers

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I think it just changed thanks to some recent legislation extending the notice from 5 days to 30, but don't quote me on that. In my experience the entire process usually takes 60 to 90 days. As the owner you REALLY don't want to force them to evict you. They will end up with a judgement against you for rent from the day of the sale, until the day you are out of the house. If you work with them and go they will likely pay you to move and leave the property clean and you'll get to live there rent free for at least a couple more weeks.

Answered by Sean


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All the rules have changed in the last couple of months. Lending banks are now being held accountable for the trap they set, borrowing money they didn't themselves have, while using loose and illegal practices in the process. The massive lawsuit against Wells Fargo / Wachovia, Indymac / OneWest bank, Citibank, Bank of America, JP Morgan Chase, GMAC..............can actually, not only put a stop to your foreclosure, but also pause your house payments with no loss to you............ https://sites.google.com/site/sueyourlendernow/ TerryJo
The rules have NOT changed. The Mass. ruling only enforced existing rules, and was without prejudice, meaning the lender can go ahead and foreclose once they get their paperwork in order. Plus NOTHING says you can miss a single house payment "with no loss to you". That may be sort of true in non-recourse states, but its absolutely false in full recourse states. That said, I certainly understand the case for suing your lender. If you can find actual problems with your loan it may give you an advantage in negotiating a loan mod. If you just want out, your better off not throwing good money after bad on attorneys - try a short sale instead. Sean
Here's the way it works. Once you receive and Unlawful Detainer you have only 5 days to answer. if you don"t answer then the landlord can file for a default judgement, get his writ of possession, notify the sheriff's and in a matter of a month or two you could be faced with a lockout. That's if you do nothing. If your proactive about the situation and you work with someone that knows exactly to do you could prolong the sheriff showing up at your door for several months possibly six months or longer. It really depends a lot on who the Attorney is that's filing the lawsuit against you and how many adults live in the residence that are willing to go to whatever steps necessary to buy as much time as possible. It's a very fluid situation which means the quicker the opposite side responds to your measures the less time you'll have. In these types of situations it important to point out that in a U.D. action you are being sued and courts, attorneys and law enforcement are all individual moving parts that act independently based on the phase of the process. in other words the court won't respond til the Attorney files and the Sheriff won't respond until the Judge tells them to. It's extremely important to get representation in these matters since a good legal team can protect your interests. If your personally face with this type of situation then you can call me directly and I'll be glad to assist. Best regards, Brian Head, Lighthouse Consulting Group 800 529-2959 Brian Head
Brian, I have a question: can the new owner sue for rent from the day of the foreclosure sale? My house was just sold at public auction on the 2nd of April. I don't like their cash for keys offer--too small, and too short a time-frame--so I am considering just forcing them to go ahead and evict me. (I countered with a higher request and I would toe their line, but they are playing hardball and now threaten to evict.) Is it common in CA for new owners of a property to sue the foreclosed upon party for back rent? MsAnthrope
Yes. I've personally had 100% success rate with getting a judgement for rent from the day I owned it until the day the prior owner/occupant moved out at the end of the eviction process. Sean
Hello Sean, Here's one for you.. I moved out of my house, leased another house, house sold trustee sale. I leased the new residence 6 months before the trustee sale. 45 days after the trustee sale they do a UD against me and unnamed. The had for a month a lease to a tennent tha was there 2 years. How do they do a UD when they have in writing a copy of the lease to a tennent and my lease at a new residence, Ihaven't been in possesion for 6 months. RC
Two possibilities: a) they are doing it as a precaution so that you can't later claim you were still there, or b) they are just sloppy. In either case, you can file a simple answer to the complaint to let the judge know that you aren't in possession, provide your new lease, as well as the lease to the tenant, and request that you be removed as a defendant. A hassle, but shouldn't be a problem. Do make sure you file an answer to the complaint though, as otherwise they may win by default leaving you with a judgement and a potential hit to your credit. Sean
I can't believe what I am reading. Hopefully folks in this county still have morals and don't think this way. How can someone actually feel good about acting in this manner? "I don't like their cash for keys offer-too small, and too short a time-frame". You have got to be kidding. Who thinks this way?! You have actually had at least 6 months notice to move once you stopped making your payment to live in the home. I can't seem to understand how you think someone "owes" you anything at all, especially the new owner of the home who actually did "pay" for the home. It is unfortunate that you are losing the home but life goes on. It is nobody's fault but your own when you signed on to make those mortgage payments either knowing you couldn't really afford them or something may have happened in your life that prevented you from being unable to afford them but that's nobody's fault or problem but your own. Stop making your problem someone else's. A lot of people are still paying their mortgage in this country even though they are upside down in equity. You obviously need a more affordable place to reside. Are you kidding me?
It's the "new new" moral code. Whether its cash-for-keys, unemployment benefits, the stop foreclosures movement, etc. everyone wants something for nothing. Under this "new" code its moral to live in a house for free because having a home is a basic human right and it doesn't matter if someone else has to pay as long as its not them, and its ok to take money from others against their will (extended unemployment) if finding work is hard, because its not their fault that's the way things are. Have you read Atlas Shrugged? Sean
My wife owns a condominium in San Jose, Ca. which we stopped making payments for over two years. She has owned this property for over 8 years. We got married two years ago and I lived with her prior to our marriage. She filed Bankruptcy Chapter 7 around 6 months ago. We have an HOA which we stopped paying while the process of the BK got discharged. After the discharge, we continued to pay again, the HOA of monthly dues of $232. In this whole process we tried to modify the loan to do everything possible to keep our home. After so many communication battles with submitting tons of paperwork from my wife and I, we finally received a letter last week from Bank Of America, stating this home has been purchased as a foreclosure by Bank of America. The paper was pinned to our front door and stated that we should contact their agent ASAP. We contacted them and they gave us a "Move Out Agreement" by January 10th and as long as we abide by the written laws and requests, we should receive a payment to us "Occupants" for the sum of $7690. After a day of receiving the M/O Agreement, the B of A agent called my wife and said that we owe HOA fees from the BK (which are not true because they got discharged in the BK) and the agreement is going to be void and we should receive a revised M/O Agreement in the next few days with lesser amount offered. My question is do we have a right to stay longer in this property for relocation time to find a place? Should we hire an attorney? If so, where do we start? What specialized attorney do we look for? What rights do we have as an ex-owner without a Lease Agreement? We're lost! We don't know where to start. Please advise! Any little verbal advice will be much appreciated. Thank You for your loss of time in hearing us out. Regards from a desperate American, Ralph L. with his wife Lorena L. 408-373-8613 Ralph Lemus
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Thank you Michelle. This is very helpful:)

Answered by Quinton Hayes


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NY HOME WAS SOLD TODAY BY TRUSTEE THE LENDER IS WELLS FARGO I HAVE BEEN REQUESTING TO SEE THE WET NOTE NO REPLY FROM BANK ONLY COPIES,I HAVE THE RIGHT TO REQUEST THIS

Answered by RAY


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Hi Ray, If you are going to contest the foreclosure based on the fact that you wanted to see the original note you will undoubtedly need to hire an attorney. Although the "show me the original note" request can be a good strategy to delay the foreclosure it will not stop the foreclosure. The lender can simply file an Affidavit of Lost Original Note and proceed with the foreclosure unless you have some proof that the loan was paid in full. Michelle
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First off, Michelle,and Sean, thank you very much for helping everyone out here. It's very appreciated. Here is the situation, a family member is trying to purchase a foreclosed home in which the "owner" refuses to leave, or even show the property. We have tried to contact the owner with no response, and even the agent listing the property cannot speak with the owner. The property is essentially for sale exactly as is. No contingencies. If we were to purchase the property from the bank, how would we go about evicting the owner and how difficult would it be? We live in Ca.Thank you very much.

Answered by Drew


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Hi Drew, You should seriously consult with an eviction attorney. Some cities in CA have serious rent control and tenants rights laws. I just had the pleasure of meeting an eviction specialist yesterday that works with many auction investors. Her website is www.allabouteviction.com. She should be able to tell you what you are up against legally. There are many other variables like the mental health of this person or the condition of the property. This could be a very costly and time consuming process. Sean O'Toole the Founder of ForeclosureRadar had a property years ago where it took him almost a year to evict the tenants. Michelle
DREW!!!!!! you better off your hund and eye from a property where the owner been foreclosed on ,mybe he is a victime of the bank servicer game to take his property,,,I don't know what you think guys,,put yourself in this owner palce,,,this house will not bring you good luck,but it will be very bad luck to you,,,it is hunted by owner pain&crisis during his loan modification,,,stay away from burchasing foreclosed houses still accupide by owner,,,,,buye vacant foreclosed ones,,,,,at least the curse is on the bank not you or your family memeber,,,,,,,,,,,,, linda
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Once the house goes to Trustee Sale and is purchase by either the bank or a 3rd party investor they will have someone contact you. They will typically negotiate a date for you to move out, they may even offer you a cash incentive to be out by a specific date (cash for keys). Otherwise they will give you notice as required by the laws in your state and proceed with an eviction if you cannot come to an agreement about a move out date.

Answered by Michelle


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Can they - are they legally permitted if they wished to - change the locks before ascertaining that someone is still living in the property? Our Trustees Sale is this Friday. Maria
we are being evicted by our landlord and missed the date to respond with our answer and fee waivers completed. After reviewing the papers ive just noticed that the home was recently sold in foreclosure and the new owner plans to evict us. how much truth is there in the possibility of us having an additional 90 days in the home . Ive heard something about cash for keys. what are my options and what direction do i need to go in fighting my eviction??? please help!! Our landlord has had us living with faulty electrical wiring. As well as a non-working gas heater. i dont know where to start and am desperate!! Thank you for a quick response, Andrea Abeyta andrea
we are being evicted by our landlord and missed the date to respond with our answer and fee waivers completed. After reviewing the papers ive just noticed that the home was recently sold in foreclosure and the new owner plans to evict us. how much truth is there in the possibility of us having an additional 90 days in the home . Ive heard something about cash for keys. what are my options and what direction do i need to go in fighting my eviction??? please help!! Our landlord has had us living with faulty electrical wiring. As well as a non-working gas heater. i dont know where to start and am desperate!! Thank you for a quick response, Andrea andrea
HI Andrea, After a foreclosure a tenant must be given a 90 day notice to vacate. It is peculiar that the former owner would proceed with the eviction if they were losing the property. Something doesn't quite make sense in this story. You may need to reach out to a housing counselor that can review the paperwork. Is there a chance that the new owner is the one evicting you?? Michelle
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Contact the Trustee for the exact amount to reinstate the loan. Keep in mind that under CA law you would need to reinstate the loan 5 days prior to the sale date. You also want to make sure that you get the reinstatement amount to a certain date. If you get an amount and they receive it a week later they may reject it since additional interest has accrued. In term of the property taxes you will want to read the terms of your Deed of Trust. It is unlikely that the lender would require property taxes to be paid current unless they have already paid the taxes on your behalf. Under the terms of your Deed of Trust they may require the taxes to be paid current to reinstate the loan.

Answered by Michelle


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The house I am renting was forclosed on yesterday and the private investment company who purchased the property wants us out of the property right away. Want time frame can I remain in the property and do I need to pay rent to the new owner? I was on a month to month agreement with the previous owner.

Answered by dino


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Hi Dino, In CA they are required to give you a 90 day notice to move. They may try to negotiate with you and offer a cash for keys incentive for you to be out by a certain date. Since you know that you eventually must move this is oftentimes the best option. Michelle
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My house was just sold in a trustee auction sale on Jan 9, 2012. This was after a very long and complex attempt to facilitate a short sale bid, which was literally rejected the actual day of the trustee auction sale. My question is, I have a renter living there, renting the entire main floor of the house, but I also live in the house, downstairs in a section of the basement which is completely separate (and not accessible) from the main floor occupied by the renter. What exactly is my situation here? From what I understand, the renter has up to 90 days before being evicted, forced to vacate the house. However, what is my situation here? I'm living in a section of the basement, in a living condition circumstance that most ordinary people would probably not want to live in themselves. So, technically, I could be forced to vacate in 3 days, but the renter on the main floor would have up to 90 days before eviction? I'm not sure what to do next or prepare for, but any suggestions / insights that can be offered here are very much appreciated.

Answered by Charles


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Hi Charles, You are correct in that renters must be given 90 days notice under the Protecting Tenants in Foreclosure Act but an owner must only be given a 3 day notice. The bank cannot do anything with the house until it is completely empty. My guess is that they will not be interested in evicting you if they must wait for the tenants. They usually try to negotiate with the tenants and offer a cash for keys incentive to be out by a certain date. Try to negotiate with them. Chances are they will be willing to work with you if you are cooperative. Michelle
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Of course you are obligated to pay for housing. Just because the owner couldn't afford or didn't pay the mtg for whatever reason does not equate to a windfall for the tenant. You do however have rights and as a month to month tenant you should be served w/a 90 notice and make arrangements with the new owners for any monies due or perhaps the new owner will offer you a few dollars to move out early.

Answered by Terry


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Thank you! my only challange is the previous landlord will not give us our deposit back so now I have to come up with the funds to move. The new owner will not give me any money to help us move so should I use the 90 days to save up and not pay the new owner? do you have any recomendation where I might get free legal assistance? dino
If you do not pay the rent then they would need to evict you. They would serve you with the 3 day notice to pay rent or quit and then file an unlawful detainer. If you answer the complaint and go to court the process could take a few months. It is strange that they will not negotiate anything with you on an incentive to move since the eviction will cost them as well. They are not obligated to return your deposit. Those funds were held by the previous owner. You could pursue a small claims action against the previous owner for you deposit. There are free HUD approved counsellors in your area that you can find by going to www.makinghomeaffordable.gov. If they cannot help you they can certainly refer you to an organization that can. Michelle
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My home sold at auction. We answered the eviction notice and appeared in court. The judge ruled that we be moved out by Feb 1, 2012. Is there a way we can stay longer? We do not anywhere to move due to we do not make enough money.

Answered by Pat D, CA


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You could always seek the advice of an attorney, but I don't think there is any way you can stay. In CA the Sheriff will come and physically remove you from the property. From there the new owner can make arrangements to have your stuff moved to storage (at your expense, you'll need to repay the moving and storage costs to reclaim your stuff) - though some owners will work with you to allow you to remove it after eviction at no cost. If you truly don't make enough money to pay rent, then I'd suggest you immediately start contacting local organizations, friends and family for public and/or private assistance. Perhaps move back in with parents, or rent a room from friends. Otherwise I'm sorry to say that you'll likely be on the street. Sean
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I agree it is unproductive for a new owner to not incentivize the tenant in order to get the property to market quicker and save the legal bills. If the tenant were to file a bankruptcy that could forestall the inevitable for months.

Answered by Terry


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Hi Terry, I do not believe that a bankruptcy would stall an eviction. I believe that a tenant could name the landlord in the bankruptcy and prevent them from collecting on past due rents but i do not believe that a bankruptcy will stop or delay an eviction. Michelle
Incorrect. I once had a prior owner delay eviction nearly a year using multiple bankruptcy filings. We did, however, get a large judgement against that owner in the end which can't be dismissed using bankruptcy for 10 years. Sean
Hi Sean,please tell me if filling BK would stop the eviction from property been auctioned and now REO Fanne mae owned ,I am a tenants and I received 14 days to vacant the property ,the old owner is living in the gust house of the same property,,,please help,I am disabled and have no place to go now in this winter time,,, linda
If your a tenant then under federal law they have to give you 90 days notice. Sean
they didn't cause the old owner lives on the same property in the gust house and I have the main house can I still ask for my right 90 days? and they never served me with Unlawful it looks like they served the owner 3 days notice only,,,I never been served,,,and that because the old owner lives on the same promises ,,,is this wright,,, sofia
HI Sofia, If you are a legal tenant then they would have to give you the 90 day notice. If you are a legal tenant you should reach out to the banks representative and alert them to the fact that you have a rental agreement and are paying rent. It sounds like the owner may not have told the bank representative about your tenancy. Michelle
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this is a terrific place, thank you so much. i have leased a home for myself and three kids for 7 yrs in CA, the landlord/owner being in Canada. I have always send a priority mail to him with any postal mail to him for the home. it has been a great home for us. i saw a "doorhanger" message with no named addressee, i discover my home is in foreclosure. However, banks and lenders all will not speak to me about anything, adament the home is in the landlor's name and info cant be shared with me. There was a "flyer" noting a default was filed 12/17 and a date of sale has been set for 04/04. Ok, the ONLY info i have is a"jumkmail" flyer. NONE will talk to me and the landlord is conveniently missing from this all, not returning calls or requests for info. HOW can i find out if the home WILL be for auction and how on earth could i know when to ever move ?? my security deposit of 5k seems clearly lost. NOone will talk to me about this, and chase bank along with washington mutual that were always on monthly mail to him for mortgages simply tell me they cant share info and to get a lawyer. they prefer i hired a lawyer than to simply work with me to give me any idea of leaving our family home. i cant afford an attorney, it will be so difficult to find an apartment to relocate to, as southern cali has high rents with security cost needs. Is there ANY public database any way to find out if our home is being swept away ? if it is, then it s. i would like to face knowing when we should be out if it's true at all. im just scared to death that ill get a notice to leave and end up walking away to lose our lifetime of possesions behind (storage costs are enormous) ` Help ? ANY way to find basic facts so our family can then spare complete horror of being out out without at least 30 day notice ?"Public sale" !? notices have NEVER been to the home about foreclosures or defaults or trustee sales. The timelines seem to match the fast CA process though. ???? any way a tenant can know the true fact ?? thanks you in advance for your insight. good luck to everyone !!

Answered by calimom


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HI Calimom, What the lender is telling you is true. The loan on the property is a credit account and you are not a party to the loan so they cannot discuss the loan information with you. Although technically under the letter of the law you still owe rent regardless of the payment status on the loan most tenants will stop paying rent once the property goes into default because they believe that the landlord will not evict them if they are losing the property anyway. The foreclosure process is a matter of public record and a local real estate agent will be able to tell you the current foreclosure status. If the Notice of Default was filed on 12/17/12 then the earliest the trustee can file a Notice of Trustee Sale would be 3/17/12 and set the sale date 21 days later. The 4/4/12 date is an estimated sale date until the Notice of Trustee Sale is filed. The Notice of Trustee Sale must not only be filed but it must be posted on the property and recorded in the local newspaper under the legal notices. It sounds like you have a very healthy security deposit that you can apply toward your last months rent since you would have to likely take your landlord to small claims court to get that money back. If the property does go to sale the lender/investor would be required to give you a 90 day notice after the trustee sale. In many cases hey will offer you a cash for keys incentive to be out by a certain date. We hope this helps! Michelle
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I went down the repayment plan path, loan modification path, temporary modified payment path, short sale path, deed in lieu path only to have my home foreclosed. It went to auction today after 3 years of trying to work with CountryWide, turned BofA. I even got scammed by a loan modification company for $3500 and the cost of an attorney to go after them, with no resolve. I tried working directly with BofA on a modification, only to find out after 2 years in the process, my investor doesn't participate in any loan modifications. I tried a short sale, got a cash offer but the bank said it was too low. The deed in lieu was rejected because the 2nd lien holder wouldn't agree to a settlement, therefore wouldn't agree to release the lien. Three years of a living nightmare. It's over now. I moved out long before the sale date after realizing and being told, there's nothing more to be done. I'm in a much better place. In hindsight, if I'd known the end result was going to yield losing my home, I would have saved myself the aggravation, time, and sleepless nights.

Answered by Betty Norvell


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I'm not a lawyer nor giving legal advice...just heard that around the courthouse steps during a sale.

Answered by Terry


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I went down the repayment plan path, loan modification path, temporary modified payment path, short sale path, deed in lieu path only to have my home foreclosed. It went to auction today after 3 years of trying to work with CountryWide, turned BofA. I even got scammed by a loan modification company for $3500 and the cost of an attorney to go after them, with no resolve. I tried working directly with BofA on a modification, only to find out after 2 years in the process, my investor doesn't participate in any loan modifications. I tried a short sale, got a cash offer but the bank said it was too low. The deed in lieu was rejected because the 2nd lien holder wouldn't agree to a settlement, therefore wouldn't agree to release the lien. Three years of a living nightmare. It's over now. I moved out long before the sale date after realizing and being told, there's nothing more to be done. I'm in a much better place. In hindsight, if I'd known the end result was going to yield losing my home, I would have saved myself the aggravation, time, and sleepless nights.

Answered by Betty


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We have been living in our rental for 5 years. We paid rent for November and was informed by the landltord that the house was going to go the "short-sale". I had to take off work "6 hours" to meet with the agent from the bank to show him the house and was told that we should not be paying any rent since the landlord was not making any mortgage payments. So December no rent due, in exchange we were to maintain the house "yard, pool, hottub, etc and be available for all viewings by various agents.. no 24 hr notice, totally inconvenient weekends, weekdays.. basically no life..i get home from work and am met with a forclosure notice taped to the door 1/20 and the house is up for auction 2/10. then I get a call from landlord that we have to move 'today'...I know i have to move but am financially not in a position to move 'today' doesn't the PTFA 90 days notice apply???? what about my deposit?? cash for keys??? I need help......

Answered by Holloay


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why you guys says,,,don't pay rent because house is in foreclosure and because landlord doen't pay mortgage ,,,what is your paying rent to this landlord do with his mortgage,,,maybe he spending your rent on his livings expanses ,,,not only mortgage!!!!!!! people has livings expenses other than mortgage too,,,it is not moral for you not paying the rent because the unfortunate owner is going through foreclosure ,,,is not right at all.... hellen
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my house in ca. was sold on 17 feb. 2011. is my primery residence. i have no money and layoff from my job .and no place to go how long i have to stay and what legal practice i have to concider . not to mention to get attorney , i dont have money to pay .they ask me cash for keys. but when i have to give them key. . how i rent . is there any way they gave me money to pay for deposit.

Answered by mohammad


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What can I do to get someone I gave verbal permission to temporarily stay at my unoccupied home to leave? He pays no rent and is threatening to burn house if he cant stay there.

Answered by mary collett


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Hi Mary, He is a trespasser/squatter. You should call the police and have him removed! Michelle
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need advice

Answered by mohammad


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he's not a tresspasser nor a squatter..he had permission to occupy and like any other "tenent" the owner probably has to do an unlawful detainer action...assuming it is a Californial property.

Answered by Terry


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The definition of a tenant by the Department of Consumer Affairs is a unit that "the landlord rents or leases the rental unit to another person, called a tenant, for the tenant to live in." In this case she only allowed him to stay in the property and did not charge rent nor does it sound like he established a tenancy by turning on the utilities in his name. I am certainly not an attorney but from the very limited information she has shared here is does not sound like he is a legal tenant. It would also depend on how long he has been there. The laws change if they have resided there over 30 days and have received mail. Just because you let someone stay in your home or property you own does not give them tenants rights. Michelle
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need advice

Answered by mohammad


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We've been renting for 3 years here in CA, and found put late last year that the owners had foreclosed and the property was now owned by Deutchs Bank & Morgan Stanley. I guess the servicer for them is Ocwen and they had a local person contact us regarding cash for keys. She kept teling us that the bank wouldn't accept our offer to be out in 30 days...that they would only accept 10 days. When we didn't accept the offer and decided to use the 90 days to locate a place to move we didn't hear from her again. We found another home to rent and were simply going to just move on 3/1/12....but then a couple of weeks ago, another cash for keys offer showed up, this time from a company called Altisource. I called and negotiated a Cash for Keys agreement with them that they agreed would be to vacate the property by 3/5/12. They emailed me the offer to sign along with an I-9 form. I immediately signed and emailed all docs to them and even had them confirm receipt. But then on Thursday, we were served with an UD listing Deutche Bank & Morgan Stanley as Plaintiffs and us and the owners names as Defendants, stating that we had 5 days to respond! Is this legal for them to still proceed with an Eviction notice after we negotiated a Cash for Keys? Makes me think that the banks are not communicating with their servicing company! Any help would be appreciated. Should we respond to the UD with the court? We move put in 4 days! But I definitely don't want an eviction notice on my record. Does that end up on my credit report at all?

Answered by Dee


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HI Dee, I would contact the lender and see if they have a relationship with Altisource. In most cases the lender has a local real estate agent that has been assigned the property make contact with the occupants. It sounds like there may be something fishy going on. It is possible that they are starting the eviction process in the event that you renege on the cash for keys deal. It sounds like you may need to contact an attorney or housing counselor that can review all of the documentation. Michelle
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My husband owns some property which he allowed a friend to live on rent free for over 5 years. He began requesting she start paying only $300 mo rent, back in 2009. He got no response so proceeded to send 2 follow letters requesting the same. (He is 5 years behind in his taxes and need the $ for that). The last request said if she did not respond he would have to take legal action. So 4/2012 we served her with a 30 day notice and after that 30 days expired we filed the Unlawful Detainer forms and had them delivered by a process server.(We live in Calif) She filed an answer which caused us to request a court date. We showed up 8/2012 and she had hired an attorney who appeared on her behalf. They stated the law required that we give her a 60 day notice versus 30 day, since she had been there over a year. (We didn't think that applied as she has never paid rent!) The judge was a retired judge who was filling in for regular judge. He asked the attorney for the Calif Civil code # and after giving him 4 different reference #'s and none of them were correct, judge tuned to us to ask if we knew it. We did not and stated we felt that code # should have been included in the Answer that we received, and was not. So judge said he was going to postpone the hearing until 8-31-12. We were not sure why, but to cover ourselves we completed a 60 day notice and served her with that the same day we had gone to court, which was 7-6-12. On 8-31-12 we returned to court and arrived 10 minutes late. We sat through 3 other proceedings and after everyone else was gone, the judge asked what we were there for and we told him. Much to our surprise and dismay, ( previously we arrived at court early only to sit for 2 hours listening to other cases befor we were heard) he said he had already heard that case and the defendant had been present but we were not so he ruled in her favor! ( She had hired the attorney for the one court appearance only) Our questions are: Can we somehow add the 60 day notice to the pending Unlawful Detainer we already paid $240 to have filed and then somehow amend the forms to reflect this and have it served again? Or are we going to be forced to pay another $240 to file another Unlawful Detainer showing the 60 day notice date? And if that is the case can I, as wife of the plaintiff, even though my name is not on these forms as my husband owned this property before we were married, can I serve these forms to her or do,they consider me a party to this action, being his wife? I really appreciate this forum to be able to ask for information as I have studied all the regulations I could find pertaining to the eviction process and completed all the proper forms (except messing up and sending a 30 day vs 60 day notice) and really hate to have to come up,with another $240 and fee for a process server. Thank you for any assistance you can give us!

Answered by Susanne


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one STRATEGY to beat tha banks @ their own game is to STOP making deposits, take ALL your money out tha bank, & CLOSE your accounts! THIS IS WAR... AMERICANS are under attack!!

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OMG! I don't know what to do anymore. please, can someone give me good advise? My boyfriend and I have been renting 1 of 5 units for about 2 years. $0 rent and Electricity included. my boyfriend was not an employee of the landlord, but he knows how to fix things, and if anyone of the other 4 units needed repairs, my boyfriend had to fix it. The other reason we didn't have to pay rent was our unit is inhabitable (overflowing sewage, smoke and sparks in the electrical outlets, no smoke detectors, leaks in ceiling with mold just to mention a few). Well, In August, we find out that property sold at auction and a stranger shows up demanding $750. I told him we need some kind of notice cause we needed time to work it into our buget. He then told us that we can't afford to live here so we needed to move. I was willing to negociate, but he just wanted us out. he unplugged my electricity a week later so we would leave, but returned 2 days later to plug it back in. Late August he gave me 3 day notice and I argued that we have no agreement with him to pay any amount so the notice can't be valid. Mid September he returns to shut off power again. He said he would give us power and let us stay till October 31 if we signed a paper. (As a mother of two toddlers and 2 days away from delivering a third) I signed so my kids would stay warn and have light. I was completely unaware of my rights and felt pressured to sign. Well, i started looking for another home and had no luck. I called the new owner a week before move out day,and let him know that I still hadn't found a home. He agreed to accept $900 for November rent if we needed to stay. Nov 1 he shows up demanding 900 Nov + 900 Oct + 900 Sep. I told him I only had Nov's 900 and he said I had to go. he unplugged the electricity again and left. I went out and bought a generator that day ( with newborn fresh out the hospital ) . Nov 10 I get served unlawful detainer, Nov11 was a holiday so it doesnt count, Nov 16 I go to answer and got told its too late. the person that served me wrongfully wrote that she served me on Nov 8. I was advised that my only option now was extended stay. I got a hearing in two hours ( wish me luck ), but did I really loose my right to respond in 5 days just cause some lady thought it was ok to lie about date served. Can the new owner get away with not giving me my 90 day notice and bullying me to get out. honestly, I wish nothing more than to get out of this place but I can't find an affordable alternative. what can I do? I feel I have a strong case but he ( the owner of the investment company ) he got to file default before my 5 days. I had no idea how this works and he's knows how to get his way. please tell me I have other options. I have a sherriff lock out in two days. I can't even sleep cause my time is running out and I am literally gunna be homeless.

Answered by edith


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Hi Edith, You are responding to a CA post so I am assuming that you are in CA. It sounds like there was a court date and a judge ruled in favor of the investor and a lockout date has been set. You can certainly reach out to a housing counselor at www.makinghomeaffordable.gov. If the foreclosure happened in August then it sounds like he did give you 90 days to move before he filed a UD. At this point I am not sure there is much that you can do. A housing counselor may be able to help you find a new place and because you have small children there may be other assistance available. If there were in fact laws broken a housing counselor should be able to look at your paperwork and refer you to someone that could assist you with legal advice. Good luck. Michelle
Edith, What you need is tenants rights attorney. The new owner is in NO WAY empowered to turn off your power or even do anything to disturb you other than knocking on your door and discussing an equitably resolution in a civil manor. Beyond that he can start a Unlawful Detainer action. I would suggest that you know have a legitimate claim against the new owner. I happen to attend Trustee Sales and many of the people buying properties are absolutely clueless about the law. Your rights have been violated in a significant manor. Get an attorney. Terry Dyer Broker 01144254 terry@terrydyer.com Terry Dyer
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Hello, I have received today what appears to be 2012 Auction Date Notice from HRS . Trustee name on the notice is Reconstruct Company but my mortgage was originally from Country Wide , which turned later on to BoA. This is the property that I (used to?) own and currently live in. The notice give an auction date 3/23/2012. I want to remain lawful citizen and leave at a date before eviction is even considered. Cash for keys would be good but even if it isn't suit my situation, could anyone guide me on what would be a good date to return the key and what to expect now? This is the most useful post I have read tonight and I have read more than a few. Thank you.

Answered by CaliT


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Hi CaliT, It sounds like you have a trustee sale date set for 3/23/12. It is POSSIBLE that this sale could postpone. We are in unprecedented times in terms of the delays in the foreclosure process. If your property does go to sale on 3/23/12 you would then be contacted by the lender/investor (new owner) and they would want to know if you are the owner or a renter and whether or not you intend to move. This is usually when they would POTENTIALLY offer you money (cash for keys) to vacate by a certain date and leave the property in good condition. There is no guarantee that they will offer you any money but it is always good to try to negotiate with them. Most lenders/investors will try to get you to move withing 30 days. If you cannot come to some agreement then they would be forced to evict you in and in CA that takes about 60-70 days. We hope this helps. Michelle
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What can I do to stay as much time on my property after the Sale Day?

Answered by Rick


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Hi Rick, After the sale the Bank or 3rd party investor that purchased the property will make contact with you. Typically they will want to see what your intentions are in terms of vacating the premises and they may be willing to negotiate a cash for keys to incentivize you to move by a certain date. At this time you can see what their intentions are and if it is possible for you to stay for a longer period of time. In certain circumstances the lender MAY allow you to stay as a renter or the investor may be willing to rent to you if they have purchased the property to hold as an investment. If you cannot reach an agreement then they would be required to give you the appropriate notice and formally evict you from the home. Depending on your location a formal eviction can take several weeks to several months. Michelle
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If the property has gone to trustee sale you will be contacted by the bank or the 3rd party investor who purchased the house. To read a list of your rights as a tenant you can look at Senate Bill 896. You are given 90 days to move and if you have an active lease they must honor it. This is where the offer for Cash for Keys will come. In exchange for you moving at a set time they give you money. This amount varies by lender and is subject to negotiation.

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Hey Rick, After the sale it's not "on my property" anymore. Maybe if you hadn't bought more than you could afford or refinanced and taken all the equity out as most did you wouldn't be in this position. Now that you are quit looking for ways to stay in someone elses property, man up and move on, and quit sniveling. Terry

Answered by Terry


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Not everyone who is in foreclosure is there because they took on too much house. Some of us are here due to cancer and unable to work for two years during treatment. Others are here due to unemployment. I, like many of my friends, locked in a 30 year fixed at 15% of our income (PITI HOA, utilities and maintenance) to save some for a rainy day, make regular payments to our retirement accounts, save for our childrens college education and to take the yearly family vacation. We are not deadbeats. We did NOT over-extend. We didnt take out HELOC's to buy a boat or a luxury car or a time share. We left the equity in our homes. Sadly, we dont have the same type of income as we used to so we arent able to vacation or save for a rainy day or squirrel away much for retirement. The economy has pushed may decent, hard-working Americans into bankruptcy and into foreclosure. Sure, there are many who bit off more than they could chew for one reason or another yet, there is another group who abided by the rules and still find ourselves behind the eight ball. Before you lump everyone into one category again, stop yourself. Shame on you for believing that we are all deadbeats for NOT honoring our obligations. If illness were not causing me such heart0burn, I would love to be able to meet them all. Joie
Yes this is so true I have been a homeowner for 23 years had a house payment I could afford. sold my house 8 years ago to buy a larger house, still within my means $231,000.00 had a modest house payment. Had no problems paying my house payment until my husband got sick with cancer. Now I have lost my house and need to move have no idea how all this works, just recieved a 3 day notice now scared that i will end up on the streets with my sick husband and children. so no dude we are not all dead beats... Kim
Wow, that is really a horrible thing to say. Yo may be in that position one day. I had fraud going on from day one, from the loan officer to changing my payments for no reason, losing my income (real estate agent) and husband laid off months ago. Lender would not work with us and on and on. We are working odd jobs to keep the utilities on and food on our table. We are not deadbeats, we work hard and we are all part of a big scheme. Have you not educated yourself about the Corporation of the United States? Kris
that is completely true ,well you said,,,,,,but this is the ass whole banks who stealing and took over our only equity,,,,my bank rep told me when I was very very sad and upset of losing my home and when I was unable to have them revers the sale the rep told me are you going to burn the house and took revenge ,,,,,I said nop not at all,,,,I am not stupid to have you collect fire benefits coverage ,,,but I will trash it on my own knowlege ,,,once i was stupid when I followed what the bank rep told me to fall behind of my mortgage for them to be able to look at my loan modification,,,,,they are thefts stole my all saving,,,,my equity sofia
And if you trash the house, know that you have committed "waste" under the law and that in some states, that gives the bank the right to come after you for the damages, and ANY loss they took... even in a non-recourse state. I'd highly recommend that you don't make a bad situation worse for yourself by trashing the house. Sean
Ow ya,,,so where is the law to go after these ass whole ,,,who lied and chitted on customer telling them to fall behind to do loan modification, where is this law to go after damage these animals did to homeowner, where is this law when they took my home from me cause I just asked to lower my interest from 7.88% to what is reasonable now a day and based on OBAMA HAMP program,,,where is the hell is this LAW you are talking about,,,, sofiea
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listening to these morons trying to get out of paying thier rent or the other idiots that don't have any money even though they have been living rent/mortgage free for a year or more is pathetic.

Answered by Terry


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Wow Terry how's life way up there on your ivory tower? You don't know anything about anyone on here I love it when people like you pass judgement on others. It always comes back to bite you in the butt. Good luck with life there buddy....and don't worry when you trip in life there will be plenty of people to point and laugh. Natalie
before you keep calling everyone a moron, remember that some have had to wait forever without any income/using up their savings, 401 to cover utilities insurance, cost of living and mostly medical premiums, that is if you are lucky enought to have medical, if not you just wait for it too get worse since you can't afford the dr.visits, so think again if you think we are swimming in dollars, and most likely the banks are right, you really can't afford your mortgage anymore along with the car and etc. the horrific good news is, I have so much company, if I didn't have so much company I would have bailed out of this delima a very long time ago, however having said that, the physical damage and emotional damage in dealing with this situation along with already ill has been horrific, get with your lender, heh, worst mistake of my life, should have used all of what cash I had left to hire an attorney to just short sell everything, just may be they would have had your best interests at heart, it certainly will not be the banks, agents or the modification experts at lying group. ruthann
BLessings to you Terry. A blessing is God's intentions towards you. Kris
Terry - I don't know what strange world you're living in, but your profound lack of comprehension is astonishing. I lived in my house for 32 years, had paid my mortgage payments and all of my other bills and obligations on time. Never once had the thought ever occurred to me of "gaming the system" or anything even remotely in such context. I did take a second mortgage / refi in the early 2000s, partially because I was going through a substantial career change (not one of my making), and in fact co-founded a private consulting company, providing technical due diligence assessments of small high tech startup ventures (mostly in nanostructured materials related to energy and medical apps). For the first 3 1/2 to 4 years, our business was doing just fine, as we were being sponsored by 3 of the major IP law firms here in the "silicon valley" area. We also published a an industry specific newsletter, and held regularly scheduled seminars (financed by the Silicon Valley Investment Bank), and we were developing a successful business. Then, in the blink on a eye, a the 2008 economic crash became manifest, most of the venture firms pulled back, the entire industry sector I had become specialized in contracted severely. A number of the startup ventures we had helped to get their initial seed round of development funds became defunded, the IP law firms who were our main clients pulled all of their funding for these type of enterprises. At that point, I was confronted with the specter of living off my savings, keeping up the mortgage payments on schedule, but fallin into a downward credit spiral, which was then exasercbated by medical situations that needed to be addressed immediately. So now, at this juncture, my house foreclosed, and has been sold via the trustee of this case, which turns out had been involved in other highly questionable maneuvers. At this very moment, have been pondering potential legal action, the details of this case does strongly suggest that a real case could be potentially rendered . Got that??? Just some thoughts for consideration to make of? Charles
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Frankly speaking i have not acknowledged about such controversial eviction.so i quite glad to know about this interesting and exciting news reallyeviction process in texas

Answered by carlinyjohn


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I live in Ca. Is it legal to do a modification over the phone. And signing no papers and getting no papers at all? Then the bank sale our house. And We get a evictoin notice by the court. It has been 52 days since we got court order. When will the sheriff lock Us out? And when the Sheriff comes what happens with all are things? No place or money to move or store? Thank you Nancy Lawrence

Answered by Nancy Lawrence


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Hi Nancy, Although it is possible to negotiate a modification over the phone when the modification is officially approved the lender will typically send you the documentation to sign. If your property has in fact gone to trustee sale and is now bank owned and they have filed the unlawful detainer and the eviction has been approved by the court it may only be a matter of days. Depending on the laws of your state/jurisdiction you would be escorted from the property and locked out by the Sheriff. If it is determined that the contents left behind exceed a certain amount they may need to give you time to remove your belongings or they may be allowed to dispose of anything left behind. You may want to seek some help from a housing counselor that can put you in touch with local organizations that may be able to assist you in finding temporary housing. If you go to makinghomeaffordable.gov you can then click on find a counselor. The services listed on this site are free. Don't wait until the Sherif knocks at the door. Start looking for alternatives and explore any assistance that may be available to you. We wish you the best of luck and our thoughts are with you during this difficult time. Michelle
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I guess "Ivory Tower" = common sense. I'm not trying to get out of paying for the place I live in and I'm not trying to game the sysytem or rip off my "new landlord"....get a grip.

Answered by Terry


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Terry, you do come out sounding like a full fledged jerk. Don't you realize that some of us out here have lost our jobs do to the economy down-turn, and most of us didn't get a chance to pull out any equity out of our house because now we're underwater with our mortgage and all of this is not due to our own failures, but as a result of the recession. I hope one day you get into a bind that wasn't your fault and maybe then you'll have some compasion to some of us unlucky individuals. KARMA will bite you in the ass sooner or later, then we'll see who will man up. e
Here is truly enlightenment, or whatever, the countrywide/bankofamerica now bac servicing that I have been dealilng with for 20 months, who requires multiple payments prior to resubmiting a new fax all papers in again modification program, only to deny and start over, during this process was sold to federal housing, who are really the good guys?ya think?already sole to fannie mae?they will rent it back to me??after 12 yrs. of ownership they wouldn't lower the rate??own more than one home makes you a dirt bag........... ruthann
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My home was foreclosed 7/25/2012. A realtor working for the bank (fanny mae) posted a note for me to work with them...cash for keys, etc. I will not be able to clean and move everything due to a shoulder and neck injury. Best I can do is take what I "really" want and get out. I asked about the eviction and they said fannymae automatically starts the process regardless of the deal. (i also received a notice to quit) I DON"T want an eviction on my credit but it will take me a couple of weeks from today (aug 5) to move. how do I find out how much time I have before it hits my credit? also, when I move how do I officially notify that I'm gone? If I leave stuff in the house does it matter?

Answered by jj


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Fannie will likely take your situation into consideration as part of the cash-4-keys. Call the number that was left and explain your situation. They may be able to give you a larger sum in order for you to hire help to leave the place clean, or they may be fine with you leaving stuff behind. If you want to avoid an eviction (and a judgement against your for rent), then your best bet is to work with them. Sean
Hi JJ, You may also want to inquire about the Fannie Mae rent program if you do not want to move. I recently had a friend living in a Fannie Mae REO get a 1 year lease with the option to extend for another year. I am not sure which home qualify but that may also be an option to buy you more time. Michelle
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I am now 2 months behind on rent and my landlord (a corporation) has started the eviction process 3 weeks ago. I tried to pay with money order for 1 month, but they returned the money saying they need it all (both months) in order to stop eviction process. It has now been 3 weeks, how long do I have to come up with the money and pay it all before a sheriff comes knocking at my door?! I'm so frustrated. This is all due to sudden medical bills that my wife and I had to pay. Health comes first, but of course that would not concern our landlord. Does it take up to 30 or 60 days to be evicted? If we pay the entire amount within the next week or so, will that stop the eviction process?

Answered by Jedi


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Hi Jedi, The landlord would have to file an Unlawful Detainer in order to formally evict you. In CA a contested eviction (where you answer the complaint) takes approximately 60 days. If you answer the complaint a court date would be set and you would appear before a judge. If the judge ruled in favor of the landlord then he would set the eviction date. Michelle
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My parents received a notice that their house had been auctioned and sold to a third party investor hours after the sale had taken place. They have been fighting to try to get a loan modification since 2007 for financial hardship and due to a death in the family but have consistently gotten shut down by the bank, been told their paperwork was lost multiple times, and now find themselves with no home. I have no idea how I can help them (I am on the east coast and they are west coast), but the situation feels illegal (can they sell a home and then not tell you until after it's already sold?), and they do not seem to have much legal recourse and certainly no funds to fight a legal battle. Emotionally, they are wrecked. How long do they have before they must vacate, and are their any resources for them now that they are homeless? Thanks so much for your time.

Answered by PCostales


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It's not impossible that the foreclosure was wrongful, but its pretty unlikely and would probably be quite a fight. There are many who would claim that all foreclosure are wrongful and can be overturned, but the servicers and trustees are more careful then ever these days and it it pretty rare to see the courts overturn a foreclosure in CA. Find a reputable attorney (ie one that doesn't claim they can overturn any foreclosure) if you want to pursue that. As far as not telling them until after the sale, what likely happened is that they received a notice of sale some time ago (up to a year under CA law) and then the sale postponed while the bank considered their loan mod, only to finally sell after the bank decided not to consider it further. That's perfectly legal, though there are some changes coming next year that will limit this (dual tracking). As for what to expect, the investor will likely come talk to them about moving soon. They may be served a 3 day notice. That does not mean they have to move in 3 days, that is simply the notice required before the investor can file an unlawful detainer lawsuit (eviction). The eviction process typically takes 45-90 days in CA, perhaps longer if they "answer" the lawsuit. Most likely the investor will offer your parents cash if they agree to move before the eviction and leave the place clean. This is called cash-4-keys. The amount varies, but is typically around 1-2 months rent (first and last), they should try to negotiate for as much as they can... investors will typically give more to someone who is willing to move quickly. Sean
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can bankruptcy will delay eviction after foreclosure

Answered by mohammad


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A bankruptcy can potentially delay an eviction after foreclosure. Michelle
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Hi, I have two questions regarding the eviction process in CA: 1) How long does an unlawful detainer proceeding take to complete? 2) Who delivers the writ of possession after an unlawful detainer judgment is won against the tenant ? Would this just be posted on the door? Thank you for your help, it's very much appreciated.

Answered by Danielle


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Hi Danielle, A contested unlawful detainer on a former owner can take on average 47-59 days in CA and a contested eviction on a tenant can take on average 67-79 days. This does not account for difficulties serving the complaint, Motions to Quash, Demurrers or other delays. If the case goes to trial and the judge rules in favor of the landlord the court will issue a judgment for possession. To enforce the judgment the landlord will then obtain a Writ of Possession that directs the sheriff to enforce the judgment of possession. The sheriff will serve a Notice to Vacate the property before enforcing the Writ of Possession. Michelle
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My condo was foreclosed by BofA 5 days ago, BofA now owns it. If I am offered cash for keys, how can I be assured I will get it. An attorney told me they (new owner, BoA in this case, or owner's realtor), often "trick" the occupant into thinking and signing cash for keys to move out, then at the last minute the occupant does not get the cash as promised. I have read here the advice to take the cash for keys, but does anyone here know of occupants that were tricked, did not get the cash, or how to insure that you do get the cash promises? I read the post from someone being offered cash for keys, and they would receive payment 10 days later. I wonder if anyone really does get that cash AFTER they have moved out..

Answered by Linda


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Hi Linda, They will usually have you sign an agreement and a representative of the bank will hand you hand you a check when you hand them the keys. The only time I have heard of someone not getting their cash for keys is if they were not out in time. Michelle
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Howdy, this is actually a great write-up. You get my vote for this and also I am going to bookmark this blog right now.

Answered by bubbles shooter


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I am a renter in CA. I found out my house is in foreclosure. Does anyone know how I can find out when it will sell. Also, I have been told that Im not covered under NARPM or any renter laws if I cant show payments for the last six months. Can they kick me out the day after the sale?

Answered by mike zisa


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Hi Mike, Given the unprecedented delays in the foreclosure process it is not easy to tell when the property will actually go to sale. As a tenant you are protected under the Protecting Tenants in Foreclosure Act and the bank or investor would be required to give you 90 days notice to vacate if you are on a month to month agreement OR honor the terms of your lease if executed prior to the Notice of Default. In most cases the bank/investor will offer cash for keys as an incentive to be out by a certain date. The bottom line, they cannot just toss you out the day after the sale. Michelle
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Can they - are they legally permitted if they wished to - change the locks before ascertaining that someone is still living in the property? Our Trustees Sale is this Friday.

Answered by Maria


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Hi Maria, If someone is living in the property they cannot just change the locks before or after the sale without going through a legal eviction process. However, there are terms listed in the Deed of Trust which outline the cases where the lender can change the locks prior to the Trustee Sale. Under a standard form Deed of Trust there is a clause called "Protection of Lender's interest in the Property and Rights Under this Security Instrument". Not only does this allow them to change the locks under certain terms (prior to sale) but also to make repairs and secure the property as necessary. Michelle
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As a buyer of foreclosed homes I cannot tell you the number of times "owners" started harrassing tenants (per the tenant when I made contact) in order to get the rent..even in advance. If I rented a place and a Notice of Default was posted on my door I'd tell the landlord to go to hell...let him hire an attorney and start an eviction. On the other hand your rental agreement is not (in all likelyhood) contingent upon the owner paying the mortgage.

Answered by Terry


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I have a F-Sale on my home on Feb 6th. I know my loan docs are BAD,,,, Is there an attourney in the Sacramento area to stop F-sale and get wells fargo to redo my loan without BK........Please help me save my kids home. Thanks

Answered by Keith


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Hi Keith, You may want to try reaching out to a FREE HUD approved counselor in your area. You can find a list by going to www.MakingHomeAffordable.gov. If they cannot help you they may be able to refer you to an attorney that can. Michelle
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NOD's don't expire per se..the loan is reinstated ....or it is not and then a Notice of Sale is posted and published. After the NOD is posted/published it's about 90 days before the sale can be noticed.

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A NOD does not expire, the lender would have to file a rescission. In a rental situation the rent is due regardless if the owner is current on the mortgage payments. If the tenant is getting the benefit of living in the property as outlined in the rental agreement then the rent is due. In many cases a tenant will stop paying rent if a property is in default betting on the fact that the landlord is not going to evict them for non payment if they are losing the house. If a landlord is truly trying to negotiate a modification then they may actually pursue an eviction and they have every right to do so. Keep in mind that it can be very challenging to rent a property with an eviction on your record. Michelle
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Hi im a renter a man came to the property to tell me the bank owns it and we need to move.They offered us cash for keyes but its not enough. My husbands layed off its not that easy to get another place.Can we ask for more time? How long is the eviction process? I just need more time.

Answered by Carina


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Hi Carina, In CA a renter must be given a 90 day notice to vacate. They offer a cash for keys incentive to help you with moving costs and hopefully the cash is an incentive to move a little faster. After the 90 days they would then file an unlawful detainer and evict you if you do not leave. Keep in mind that although it is hard enough to find a new rental with credit and income challenges it becomes increasingly difficult with an eviction on your record. Michelle
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I just received a 3 day pay or quit and Im going to get evicted for not paying rent. I never wanted an eviction and in my 35 yrs, I have never been evicted before. Is there anyway I can keep this off my credit report? I want to be able to get another apt. Also, since Im already getting evicted, Id like to buy as much time s possible so I can get beck on my feet as well. How can I delay the process to give myself some time? Thanks to anyone who can help! god bless.

Answered by Johnny


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Two possibilities for keeping it off your credit... 1) pay the rent currently due, and 2) if you are unable to pay the rent, then work with the landlord to come up with a plan to bring him current and pay him back, or move and pay him back. There are things you can do to delay the eviction, like filing bankruptcy, but it will only make your credit worse, and if you don't have other debts its kind of ridiculous to use up your one BK per 10 years over a little past due rent (unless you've been non-paying for a long time). Also know that when the landlord completes the eviction he gets two things: 1) the sheriff to remove you, assuming you don't move yourself, and 2) a money judgement against you for the past due rent AND the eviction costs. There will be lots of folks with suggestions on how to delay the eviction, but in the end you either pay, or go bankrupt. Given your solid history as a renter I'd work hard to find a workable solution with the landlord - I'm sure they have no desire to go through the legal process of an eviction either. Sean
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I am renting a home and the landlord stopped paying the mortgage about a year ago while he applied for a loan modification. At that time the lender filed a notice of default. He was denied the loan modification and the lender is preparing to file a notice of trustee sale. Do I have to keep paying rent to him so he does not evict me and if so how do I know he won't loose the property in the month that I paid rent? He is now demanding that I pay a month ahead. He wants me to pay Mays rent along with my April rent. Is there an expiration time for the notice of default?

Answered by Kristy


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Received A Notice Of Default (Mortgage Hasn't Been Paid Since June 11'). How much time do I have before the house is forclosed on? I have heard 90 days, is that guarantee? Could it be longer? We have half the money saved up that we owe - but the mortgage company will only accept a payment for the full amount. Thank you

Answered by Melissa


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Hi Melissa, In CA you have a 90 day default period from the recording date of the Notice of Default. At the end of the 90 days default period the trustee can then record the Notice of Trustee Sale which sets the sale date 20 days later. This is the fastest that the foreclosure can be done. Michelle
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After exhausting all possible remedy, I gave up. My little tiny condo (540sqft) is nothing compared to my health and my life ahead of me. Briefly, my loan was originated by Option One/H&R Block funded by Wells Fargo Bank and then American Home Mortgage Servicing, Inc. (AHMSI) took over. In short, my condo was finally sold on March 15, 2012 back to the bank. There is no dispute that the auction was done as posted and scheduled; however, the document does not indicate the name of the "LENDER." The reason why I highlighted "lender" is because of WELLS FARGO BANK'S involvement in the sub-prime mortgage investment in 2005/06. That was originally my concern with them from the time I gained knowledge of Wells Fargo Bank as my lender. A few days before the sale date I sent a final letter to AHMSI and provided CA Attorney General's Office with a copy asking for a reconsideration of my original proposal (Principal Reduction Alternative). Nothing happened and sale went through. Today is March 20, 2012, but I have not received any letter nor heard from the bank or its representative yet. However, I expect it to happen any time soon. I have the original documents that clearly show inconsistencies in the manner in which the loan was processed back in April 2006. I actually challenged the lender's fraudulent manipulation of the system months ago and specifically explained my point to AHMSI. AHMSI responded to me by indicating that they were not part of the loop. Thus, it connotes an indirect acknowledgment of mistakes that were done by the originator (Option One/H&R Block/Wells Fargo Bank). I have been a good public servant for many years until I got injured at work that resulted in total disability. Consequently, I was unable to pay my mortgage. All of these eventualities and documentation were provided to AHMSI to help me save my home, but it didn't work out. I did my best, but it wasn't good enough because "money" is more important than life nowadays. I can live without it and life will have to go on as usual. It is not the end of the world. I'm better off putting my strength and time into moving on. In the end, things will be resolved accordingly. Hopefully, sooner than I expect.

Answered by Aristotle


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Hello, My home was foreclosed on 3/16/2012 while it was in the process of shortsaling. I answered the eviction notice and appeared in court. The judge ruled that I will have to move out but I was not given any date. The bank's lawyer told me that I will be noticed within 10 to 21 days to move out and it has been 1 week already. What can I do about this? How do I find out exactly the date that I have to move out? Thanks for any advice.

Answered by Diem Tran


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Depends on the state, but it typically falls on the Sheriff's department to to do the scheduling and provide you notice. All you can do is start packing and to wait for the notice. Sean
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For all those who think homeowners in default are "deadbeats" or "just trying to get something for free," perhaps this will give you another perspective. I bought a house in CA in 2005 for $365k. I put 20% down. I paid the mortgage for 5 years straight. Then I began to look into why my investment had "tanked" so badly. We've never in our lifetimes seen values drop this much. So was it the homeowners who "bit off more than they can chew?" Not at all. The banks abandoned all underwriting practices simply out of greed. It wasn't until the defaults started happening that Wall St. stopped buying the mortgages therefore causing the largest collapse in real estate values we've ever seen. Here's an analogy: let's say you bought a stock for $100 a share since it had shown tremendous growth over the past three years. Then, a year later it starts to fall, quickly. Eventually you learn that the stock had been run up by false and misleading statements by management. Does that mean you're a deadbeat if you want your initial investment back? (btw, take a look at the Enron story and their employees). So I decided to ask the bank to adjust my principal down. Guess what they said? So I stopped paying my mortgage to let them know I was serious. I offered them $165,000. Less than two months later it sold at auction with an opening bid of $113,000 and sale price of $132,000. Explain that to me. And keep in mind that the bank could always have requested a non-disclosure agreement if they sold the house to me. No, this entire mess is about greed and corruption and the only way to fight it is where they feel it most -- in their wallets. So I'm still in the house and about to file a suit to overturn the sale. Likely? No. But shortly before the trustee sale i discovered the mortgage broker who did my deal was never licensed in CA. I informed the bank and they went ahead with the sale anyway. If I'm a deadbeat, so be it. I'm proud to be one then. I'd suggest, however, that any negativity be directed at the cause of this mess -- the banks, not the borrowers. First we bail out the banks, then all the AG's sue them and win. Does the homeowner get any help? What's 2 or 3 thousand dollars when you've lost your home? It would be really nice if all of us "consumers" directed our energies toward the cause of the problem, but as long as people remain ignorant of the issues, it won't happen.

Answered by Andrew S.


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So I need to be knocked on my ass because you don't like what I said? How is your karma going to be for being so malicious? Read the complete thread and you will see people trying to get out of paying rent and it is to those whom the comment is directed. As far as compassion is concerned...not that it matters because I doubt you "hear" nearly as much as you talk...however.... I can't count the thousands of dollars I have given people that lived in houses I have bought so FO.

Answered by Terry


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I understand you, Terry. You're angry because you have lost money when people didn't pay rent. People who you perhaps failed to properly vet with background checks, or-- could it be that the economy has truly hammered many people making payment simply impossible? You reached out to attack people who know they're about to be evicted because of the irresponsibility of someone else-- a landlord who has by choice or circumstance, thrown them under the bus. Drastic measures are reasonable. They stand to be summarily thrown out even though they met their obligations-- and there you are to kick them when they're down. Just another vote to say you're acting like an ass. Maybe you're scared that something bad will happen to you too. We have a bad economy and it could get worse. Maybe that makes you feel uneasy or afraid. Try not to take it out on others. You'll find a lot more sympathy if you say that you're successful but you're worried that this storm is going to take away your own success and prosperity too. I lost a job in 2008 and started my own business. Now, I'm very successful, making more money than I did in a very well paying corporate job. That doesn't mean I'm not worried or scared. The economy could contract more, taking away the clients that make me prosperous. We're stuck together in this in one way or another so maybe you could just take it easy on others. Your anger is obvious but there are better ways to express what you feel. Dave
Wow...these comments are over a year old and still drawing comments. My entire point has always been that if a house/owner is in foreclosure the tenants still owe rent...as I remember anyway. ' An no I'm not angry because people don't pay the rent...I don't collect rent...I'm not a landlord....if fact when I buy a house at foreclosure I actually pay the tenants/owners to take care of the property until they can move out on a mutually agreed date. If that's mean then so be it. Terry
Terry, I think it means that even a year later, you're still considered a jerk. Maybe Santa will put some compassion in your stocking next time around. Barb
Terry, you sure do know how to make a complete fool out of yourself!! And you certainly haven't grown much in a year in this regard. Liz
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I am currently renting and have been for 1 yr, we paid our rent of every month on time... 2 1/2 weeks ago, I get a hand written notice from a realtor mentioning cash for keys if we move out.. I know the landlord was doing a loan modification, so I actually looked at this note and set it aside, 2 days later, a fedex letter comes with no signature required, i call landlord, open it up and it just says, something about short sale, deed in lieu, need help? call us... nothing major.. I tell landlord about this letter cause letter #2 showed up next day... landlord gets back to me and says the house has been sold on August 30th?? We have lived here for a year, NO NOTICE OF DEFAULT, NO FORECLOSURE NOTICE, NO TRUSTEE SALE NOTICE, posted on door or sent in mail OR RECORDED AT COURTHOUSE.. Now today, after talking with landlord about what the bank says/Wachovia, he starts this, they will send x amount of cash if you move out by the 1st, I'm like huh? tells me loan modification was denied at end of last month.. nothing is making any sense... he says, if we move out by the 1st we get 3000, i say, what do you mean WE.. he then says, I'll give you something.. I'm like wtf.. he apparently hasn't been paying rent for the last year we've been here.... Cash for keys realtor says, we move out by 23rd, we get $5k, BUT, that would come 10 days after we agree to the cash for keys program... Is any of this legit??? HELP...

Answered by team


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Hi, It sounds like the bank now owns the property. The owner may have offered to sign a Deed in Lieu of foreclosure which means that the property would not have had to go through the foreclosure process. The cash for keys incentive is very typical and is ofter your best bet. You can reach out to a local Realtor that specialized in foreclosures and they can look at the paperwork to make sure that everything is legit. They can also assist you in finding a new rental. Michelle
Make SURE you get your "cash for keys" settlement/offer in >>> C-A-S-H MOTS
HI MOTS, Most of the agents that I know present a check to the tenants when they turn over the keys. If they do not have the check then you do not turn over the keys. I have not personally heard of people being victimized by not getting the cash for keys. In fact, one occupant was not out as agreed and instead stayed a month longer and took the investor to court and won. Michelle
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IHi my name is mae. I know my house.is going foreclosure I'm behind on my mortgage. Cant catch up with the payment,i file for mortication and send in n fax paper for them but they keep saying i miss this paper and that so i juz give up after ten time. I recieved a notice that my house is going to be auction in jan 15 2013.. I very worry now and dont know what step to take. I looking for.place on line to rent but i cant just move out now because i dnt make.enough to make a deposit for the house yet . But since my work in jan 2013 we get three pay check. One one the jan 3 second on jan 17 and third jan 31. Each paycheck i only get abt $800 take hiome

Answered by mae


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Hi. Been getting runaround and inconsistent answers on my situation. Been living in house for 12 years in which is in my now ex-fiance name. She no longer lives here and we have stopped paying the mortgage in Jan 2012. Received a letter of foreclosure recently and says house is up for auction on 10/26/12. Technically, I am a renter here that hasn't paid rent in several months. On day of auction, sold or not, do I have rights to stay here longer in order to move out in orderly fashion? And is this decided on whether or not house sells to 3rd party or if bank buys it back? Thank you.

Answered by Quinton Hayes


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Hi Quinton, Under the Protecting Tenants in Foreclosure Act a renter must be given 90 days notice following a trustee sale regardless if the bank takes the property back or it is sold to an investor. One the property sells the bank/investor will hire someone to make contact with the occupants to determine whether or not you are a renter or an owner. In your case it sounds like you are a legal renter. In many cases they will try to negotiate with you (cash for keys) so that you leave by a certain date and leave the property in good condition. They are not required to offer you anything and can simply give you the required notice and then formally evict you if you do not leave. Keep in mind that it is in your best interest to move as soon as possible. If the new owner files an Unlawful Detainer (eviction) against you it can make renting a new place very difficult. Michelle
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My home is scheduled for a trustee sale next week. If I want to reinstate the mortgage, do I also need to pay the property taxes subsequent to paying the monies owed on the mortgage?

Answered by Roger Whitaker


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do any legal remedy to stay ,i pay 100,000.down and put lot on improvement. need to stay.

Answered by mohammad


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We're not aware of any remedy, legal, or otherwise that will result in your being likely to stay. Best chance would be to call the bank and see if they'll let you reinstate the loan. Of course, that will require you to come up with the cash necessary to bring them current or pay them off. Even if you found that the bank made an error in the original loan, or the foreclosure, it likely wouldn't eliminate the loan, so you would still need to come up with the cash to bring it current or pay it off in that case as well. Can't hurt to hire an attorney to review your options, but you may be better off putting your time and energy into moving on. Sean
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Hi. My home was foreclosed on June 3rd. I filed bankruptcy to stop the auction, but the home was sold to a third party anyway. The third party who purchased my home showed up the same day, knocking and ringing our bell aggressively. I did not answer because I did not know who they were and they continued this atleast four times before they spoke to someone. Since then, they have been harrassing me and my family, though we have not received a formal notice of eviction. The third party has even called my mother who lives with me multiple times a day and has already been told she has had a history of strokes from stress which he saids is not his concern (even though my mother is not the owner). Does the third party who purchased your home have a right to harrass you? I retained an attorney to delay my eviction to 90 days while we decide to contest the foreclosure due to their failure to respect my bankruptcy filing. My attorney claims that we have 90 days assured us, but this third party is claiming he can sue my brother and me, the title holders for past rent and have us thrown out in 3 days. Can he do that?

Answered by Distressed


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Hi Distressed, The 90 day notice applies to tenants but not to the former owners. This investor is now the owner of the property and they can issue a 3 day notice and then proceed with a formal eviction. Typically an investor tries to make contact with the homeowner to negotiate an agreement for you to vacate the property. Oftentimes a cash for keys agreement is the best option for all parties. If you force the investor to evict you this would mean that in addition to a foreclosure you would not have an eviction (unlawful detainer) on your record. Many landlords understand a foreclosure on a credit report but an eviction could make it harder for you to secure a rental. When you file a bankruptcy it does not stop a trustee sale is only provides a temporary stay. Once the lender receives a relief of stay they can proceed with the sale. Michelle
Michelle, you really should not give advice when you have no idea what you are talking about. The second someone files bankruptcy the Automatic Stay goes into effect until the case is discharged, about 4 months for a Chapter 7. The Automatic Stay is like a restraining order against almost ALL creditors (with very rare exceptions) and forbids these creditors from contacting the debtor in any way. The creditor must file for Relief from Stay in bankruptcy court in order to lift the Stay, which takes a minimum of 30 days. However, the foreclosure sale was illegal and should immediately be reversed, so the "buyer" has no legal rights whatsoever and will have to try to purchase the home again if it is auctioned at a later date. Of course banks are crooked and they count on people not knowing the law (which really shouldn't be the case; if you're going to file BK without a lawyer you should have at least done enough research to know what I am writing. It's very easy!). The debtor can actually sue all parties involved for Violation of the Automatic Stay and receive monetary sanctions and reimbursement of Attorney & court fees. Again, the banks are crooked and they take advantage of the fact that the debtors can't afford the up-front charges. Lisa
Distressed, I know it has been over a year so my answer is no longer relevant, but if people in your situation stumble upon this thread I want to make sure they get correct info (not the bs that Michelle gave you). As soon as someone files bankruptcy the Automatic Stay goes into effect until the case is discharged, about 4 months for a Chapter 7. The Automatic Stay is a restraining order against almost ALL creditors (with very rare exceptions) and forbids these creditors from contacting or billing the debtor in ANY way. The creditor must file for Relief from Stay in bankruptcy court in order to lift the Stay, which takes a minimum of 30 days and requires a lawyer and court fees. However, this foreclosure sale was illegal and should immediately be reversed, so the "buyer" has no legal rights whatsoever. Not only is the fact that they are harassing you a violation of the Stay that could result in monetary sanctions and reimbursement of your legal fees if you sued them in BK court, but legally they are not even the owner. Unfortunately banks are crooked and try to string you along. Write a simple letter outlining the facts of your BK case: the case #, the chapter, the date it was filed, which division it was filed in, etc., and explain it was illegal, needs to be immediately reversed, and if they contact you again in any way (other than to verify they are complying with the law) you will sue them in BK Court and they will be sanctioned. If you have a lawyer representing you for the BK they should be the ones who write the letter. Unfortunately it sounds like you filed without one. I have been a BK Paralegal for 5 years, and I feel I could've successfully filed my own Chapter within 6-9 months of working in the field (or if I spent a good 5-10 hours doing my own research). No one should file a BK in pro per (without counsel) without doing their research. I can't begin to understand how you filed in pro per without even knowing about the Automatic Stay or how BK affects foreclosures! I am not trying to be mean, but if you google "chapter 7 bankruptcy" and other key words relevant to your situation you can find these basic facts within minutes. (which really shouldn't be the case; if you're going to file BK without a lawyer you should have at least done enough research to know what I am writing. It's very easy!). What I think is even worse though is people like Michelle who give ridiculously incorrect information (even though it appears that she meant well?) that people who are trying to do their research are going to stumble upon. Michelle, you might know a little about foreclosure and eviction, but you clearly know NOTHING about bankruptcy, so don't mislead people based on what you THINK you know! Lisa
HI Lisa, I should have been more clear on my response. The filing of the BK does provide a temporary stay of the sale. Once the stay is lifted and the property goes to sale then the 3rd party investor can proceed with the eviction. The sale would be rescinded if the trustee did not honor the filing of the BK. This thread is on the eviction timeline and if they still had an active BK then their BK attorney would very easily contact the trustee to have the sale rescinded. We do not get any specifics in this case other than the property has gone to sale and assuming the sale is legal then the investor does have the right to evict. I did not address the BK because in a BK they have and attorney and legal advice. In this case they were asking about the eviction. I should have made sure to clarify the 2 points. Michelle
HI Lisa, You are assuming that they filed a BK without an attorney. Hard to give advice on assumptions. Thank you for giving us your thoughts on the issue. I ALWAYS recommend consulting an attorney AND there are FREE HUD approved housing counselors that can be found by going to www.makinghomeaffordable.gov. I have even referred people to their local bar association where they can find attorneys that will give free advice. There are two very different issues. One is bankruptcy and one is the eviction. If the sale was legal (stay lifted) and they do not move thinking that they have more time then these are the folks that could potentially end up homeless. Michelle
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A follow up question, I know a close friend whos house is up for auction in CA this week. They are planning on waiting until an eviction is forced...don't ask me why. Do you have further information on this process or websites I can access that could provide me with this information? I don't think they even know. Thanks!

Answered by Anonymous


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Here is a link to information from the CA Department of Consumer Affairs. Definitely encourage them to take the cash and move. There is ZERO chance they can win the eviction unless they started a separate lawsuit to set aside the sale and won that (highly unlikely, expensive and time consuming). And unless they plan to move in with you they will need to find a place to rent, and a recent eviction is going to make that really hard. Sean
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I am buying a foreclosed home from a bank through an (non-courthouse) auction. At the close of escrow - I will get a quit claim deed from the bank/seller. The property is still occupied by "someone" (presumably previous owner or a relative). What is the best action plan for me? Should I try to arrange C4K myself? Or post 3 day notice first? Or hire an attorney to handle the eviction? I have bought several foreclosed properties before but this is the first time which will involve eviction and I am nervous (to say the least)!

Answered by Sandy


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I responded to your question here: http://www.foreclosureradar.com/forum/buyers-and-investors/buying-auction/evicting-tenants-how-effective-are-cash-keys-offers#comment-23648 Sean
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I finally got my bank, Chase, to mod my loan, after I stopped paying for 14 months. They added all my back payments - $100k worth - on top of the loan. My income tax went through the roof, and any money I "saved" by not paying my mortgage, went to paying taxes, lawyers for my divorce, and paying off some debt. I have been paying on my modded loan for 6 months now, and I'm watching my home continue to plummet in value, now down 30% less than what I owe on the first mortgage. About $300k. I put $300k down, it was a negative loan, which added $100k. Plus this new $100k on top of that, and it will take the house doubling in value in order to get out just the $300k I put down on it, never mind interest on that money, (bought 7 years ago). I'm trying to decide whether it makes more sense to walk away from this house, given my age - 51 - and my thinking that it could take 15 more years to get this $300k back. No one has a crystal ball, but I don't know how to justify staying in the home. My question is whether anyone thinks that if I stop making payments again, that I will have another year, still, before I get booted out? I hear they're speeding up the foreclosures these days... just don't know if that's true in Northern CA, or if its true at all.

Answered by Joe


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Hi Joe, The length of time you would have would depend on where your house is in the foreclosure process. If they filed a Notice of Default and have not rescinded that notice they could pick up from where they left off and record a Notice of Trustee Sale which sets a sale date 21 days later. If you do not have an active Notice of Default filed then they would have to start by recording a new Notice of Default. This would mean that you would have at least 111 days before the trustee sale. We continue to see delays in the foreclosure process. There is absolutely no way of knowing how much time you may have once you stop paying again. Michelle
the banks dont care , and have never cared... they rather let the properties sit vacant then to negotiate a modification. I have tried modifying for two years now , but to no avail... the house we called home for 4 yrs has been sold 12-29-11, We have not recieved any notice from the new owners...but I am already packing up and getting ready to move on... the economy will continue to plummet and our country will continue to suffer. God help us all. as long as we have health , we have it all. We cant take material things into the after life...so dont let it control you or hold you from living...move on.. easier and better for you health. ALMA
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Foreclosure trustee auction sale fraud? Some details for consideration - In reviewing the details of the foreclosure trustee auction and events leading up to it, some very questionable items came up. We did at first attempt to do a short sale, had a buyer lined up, even had cash ready to make the bid. But then, in trying to work with the current "mortgage servicing" company, they provided a fake reference to the supposed loan holder, with a fake phone #. It was only later, after many phone calls and 3 different people working on this, that we managed to get someone to accidentally reveal who the real mortgage holder was. But that's only the beginning . . . I resubmitted all of my paper work, including hardship letters, bank account statements, many other forms of information - 5 times. Every time, a different entity would appear, demanding the exact same paperwork and information, but reformatted to fit yet another set of forms, to a different "department". It turns out, all this information was actually going to the same entities, in Texas and Illinois (I'm here in the SF bay area). What became apparent was that this was a delaying tactic, had nothing to do with actually fullfilling the short sale qualification process. At the foreclosure trustee auction sale itself, at which I was present, there were 50+ properties being announced, from 3 different auctioneers. The VERY LAST address read, after all the other properties. was my address. Immediately, a person stepped forward, no bidding at all - just handed over their cashiers check, and it was done. We were never told what the actual bid amount was, until AFTER the transaction took place. Many people have looked at all this, and some very serious legal questions are beginning to become apparent. Any thoughts or feedback are very much appreciated.

Answered by Charles


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Couple of quick thoughts: 1. All the paperwork and other craziness you describe it not unusual, banks clearly are handling these very poorly, thus the recently announced settlement with state attorney generals. We'll see if it improves from here. 2. Nothing requires a bank to accept a short sale. The deed of trust you signed when you bought the house contemplates just one thing if you fail to make payments... foreclosure. Any other remedy is at their sole discretion. While lawmakers have put a lot of pressure on banks and servicer's to pursue modifications, short sales, etc., there is still nothing that requires them to accept those alternatives, and they have every right to foreclose unless you bring the loan current. 3. Sales must be announced and opened for public bidding. They must give anyone present at the sale the opportunity to qualify (walk up and show your check) and to bid. If that didn't happen then you can challenge the validity of the sale. I'd suggest contacting the trustee and submitting one or more affidavits of witnesses (preferably unrelated) to what you saw take place, and demand they overturn the sale. Usually banks and trustees will overturn the sale if your claim is at all credible. Hope that helps. Sean
Very much appreciated - One thought, however . . . The documentation that referred to a non-existent entity that was supposedly the mortgage holder, complete with a non-existent phone number / contact information, and a very strange circuitous process that eventually allowed us to "discover" who the real mortgage holder was . . . this looks like perhaps more than just the "usual craziness" surrounding these short sales. Is this type of weird, delaying tactic sort of behavior, normal, legal? Again, any further thoughts offered are appreciated Charles
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Very much appreciated - One thought, however . . . The documentation that referred to a non-existent entity that was supposedly the mortgage holder, complete with a non-existent phone number / contact information, and a very strange circuitous process that eventually allowed us to "discover" who the real mortgage holder was . . . this looks like perhaps more than just the "usual craziness" surrounding these short sales. Is this type of weird, delaying tactic sort of behavior, normal, legal? Again, any further thoughts offered are appreciated

Answered by Charles


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We've certainly heard FAR crazier stories. For example, one gentleman called to try to get a short sale approved and the lender had completely lost his file... as far as the bank was concerned he never had a loan with them. After his inquiry they started looking for the file and found it. Had he simply stopped making his payments he likely could have stayed in the house forever, and after years of non-payment he might have been able to have the loan removed from title completely. No way he could have known though. As far as I know there is nothing illegal about being disorganized, and I'm also not aware of any federal or state laws in CA that require a servicer to provide contact information for the underlying note holder. The servicer, by definition, is supposed to be the borrowers point of contact. Sean
OK - my parting thought would be . . . Is there be any possible chance I could delay my current eviction date, which is scheduled for March 15, 2012 - even if it's just in the context of having this case examined via some form of legal process? Also, I'm sad the other gentleman you mentioned wasn't fortunate enough to have used the "disorganization" to his better advantage. This is a strange world to navigate . . . your response(s) are appreciated. Charles
Is it a court ordered eviction or a cash for keys agreement? If it's court ordered then I only see two options: 1) sue the lender over the loan or foreclosure sale and ask the court for an injunction to "stay" the eviction until the case is heard (never seen this work, but should be possible), or 2) declare bankruptcy (which automatically stays debt "collection" including evictions). Note that in either case you may face a future judgement against you for fair market rent for the period of time you remain in the property... especially if you lose. If it just a cash-4-keys agreement between you and the bank you can likely renegotiate at any time, but read the agreement to be sure. Sean
Actually, it was a "sort of" cash for keys agreement in the following context - The upstairs portion of the house is rented to another occupant, who worked out a deal with the new owner to allow him to stay until March 15, in exchange for paying no rent. I later talked to the new owner myself, and suggested that if I could also stay until March 15, that would give me time to move my things and get resettled (I currently work in Sebastopol, which is about 50 miles north of Berkeley). I was sent a pdf file / email attachment, a "Stipulation of Settlement and for Entry of Judgement" document which states this procedure, but which I have not yet signed. It was at this juncture, before signing any documentation along these lines, that I wanted to further explore options and seek advice on this blog. Charles
We always recommend working with the new owner vs. forcing them to file an eviction lawsuit (unlawful detainer) against you. Talk to the new owner and try to work something out. It's in their best interest too, so long as your reasonable. Sean
OK - that was my general thought. The new owner has actually been reasonably fair about all this, but I don't think he's going to want to grant any more time past March 15. Charles
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Hello, My sister lives in California and received a 3 day notice on her foreclosed home about 3 weeks ago. She just went to her bankruptcy hearing last week and is unaware of when she needs to move out. She is hoping that she has some time to get a place and move out. Once she is given a 3 day notice, what happens next? How much time does she have and how will she know when the sheriff will come and lock her out? Please help, she has 2 children and I don't want my nephews to face being thrown on the streets by the sheriff department.

Answered by Heidy


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those are just scar tactics patric
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My home is being auctioned off in 2 days. How much time do I have until I get evicted? A week? A month? Its a deed of trust foreclosure.

Answered by Minnie


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I was in short sale with Bank of America for 1yr and 3 months trying for a HAFA short sale as I need the incentive to be able to move. They kept screwing it up and just foreclosed on me (they said I wouldn't have qualified for HAFA because I hadn't gone through a full re-modification review - meanwhile they kept sending me messages through equator saying I was eligible, so we kept trying for it not knowing I'd never get approved) The new owners are a 3rd party investor. They offered $1500 cash for keys (saying that is how much it would cost them to do an unlawful detainer) and never gave me a timeline. Considering i had squatters in my building get over 4K for their cash for keys I am NOT happy with that offer. I also have a tenant living WITH me in my home. Since he has a rental agreement with me would that mean the 3rd party investors would need to give him/us 90 days. How do things change that I (the original owner) also live here? I told them I am ready to fight but that I'll look at their offer when they send it in writing, and they haven't done so. I just want to know a time frame (esp because i have a renter) ALSO, if they do need to give me/us 90 days would we be required to pay rent OR should i say my renter would have to pay them the rent for those 90 days and would it be the same rent he would have paid me. THANKS for any advice.

Answered by Georgie


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Hi my name is mae. I know my house is going foreclosure due to not making mortage because i cant catch up to it and lost of income. Im a single mom with two kids and an old mother i need to care for. I try working over time but not enough. I try the mortification program but did not get it after fax n send them all the papers they request and they keep saying i miss this n that then my.time was up. Anyway today i recieve a notice that my house is going to be auction in jan 15.2013. I been trying to look for place and plan to move out end of.jan 2013. Because i cant just move out now because i dont have money. In jan im going to get three pay check from work in first one on 1/3/2013, second 1/17/2013, third 1/31/2013. Each check is about $800 =$2400. The $400 which i need to save to buy food for my two kids to eat and the $2000 to rent a place. Do you think i have time till they kick me out? What step do i take next after the auction notice. Do i have to contact them or what do i do after getting the paper saying my.house going to be auction on jan 15, 2013. Thank you for your time. Mae from ca.

Answered by mae from ca


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My home was auctioned off at noon today, on the court house steps in San Bernardino. This afternoon an unknown man dropped off a 3/90 DAY FORECLOSURE NOTICE TO QUIT. There is no notary stamp, nor any kind of official recorders stamp. Is this a valid paper? How long do I have from here before I'm forced to vacate? What should my next step be? We believe there to have been several fraudulent actions on behalf of the mortgage co., especially the second and third lenders? Thank you so much Confused & Stressed

Answered by Patricia


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Hi Patricia, Without seeing the document it sound like they have used a notice that would cover the required notification if the property is occupied by the owner or a tenant. If the property is owner occupied then they are required to give you a 3 day notice and then they can proceed with a formal eviction. If the property is occupied by a tenant they are required to give a 90 day notice. At this point it sounds like the property has sold at trustee sale. You can contact a local realtor or counsellor at makinghomeaffrordable.gov to verify that information. Unless you are prepared to hire an attorney and fight the foreclosure then you will need to make contact with the person that posted the notice and possibly negotiate a cash for keys deal. The only other option would be to go through the formal eviction process. It sounds like you may need to consult with an attorney if you believe you are a victim of fraud. Michelle

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