Eviction Timeline in CA
Submitted by threereasons03
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- 06/06/2008 - 6:27pm
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.
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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.
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/
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.
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!
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.
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......
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.
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.
those are just scar tactics
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.
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.
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.
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?
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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?
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.
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.
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.
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.
I'm not a lawyer nor giving legal advice...just heard that around the courthouse steps during a sale.
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.
Hi Mary,
He is a trespasser/squatter. You should call the police and have him removed!
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.
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.
What can I do to stay as much time on my property after the Sale Day?
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.
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
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.
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...
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?
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.
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.
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.
BLessings to you Terry. A blessing is God's intentions towards you.
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.
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.
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...........
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.
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.
need advice
need advice
do any legal remedy to stay ,i pay 100,000.down and put lot on improvement. need to stay.
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.
can bankruptcy will delay eviction after foreclosure
A bankruptcy can potentially delay an eviction after foreclosure.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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?
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.
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?
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.
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...
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.
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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..
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.
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.
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.
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.
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.
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.
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
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?
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.
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
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.
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.
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.
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.
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.
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.
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
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.
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
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