Eviction process -- why is it taking so long?

Submitted by happiberi from CA - 10/19/2008 - 9:41am

I am interested in a foreclosed home that went back to the bank 6+ months ago, and the asset manager and assigned listing agent say that it cannot list yet because the former homeowner has been fighting the eviction, apparently successfully. The fmr homeowner had filed bankruptcy well prior to the auction of the home, so that is not a recent event. What are the circumstances, under California law, in which a foreclosed owner could postpone eviction for such a long period?

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Comments

Submitted by Sean - 10/22/2008 - 10:02pm

I had a homeowner who had previously filed bankruptcy to stop the foreclosure drop the bankruptcy so he could refile to include my eviction. After we got the eviction removed from his 2nd bankruptcy, he dropped the bankruptcy again, and then re-filed again the day before the Sheriff was scheduled to evict. This time the bankruptcy judge had had enough and barred him from decalring bankruptcy again. Whole process took a year. Fortunately the market was going up fast at the time so the delay was very profitable in the end. ;-)

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