Foreclosed and Facing Eviction?
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Foreclosed and Facing Eviction?
What is THE Plan?
The next thing you can expect is a knock on your door. It will be the friendliest guy or gal that you would ever want to meet. It’s the real estate agent with orders to get you out of the house. They may offer you cash for keys or whatever. They are not your friend they have one purpose and one purpose only – to get you out of the house!
They may say things like don’t worry we can get you back in the house and you can buy it back. I had one Realtor promise that the people could buy back the house they just needed to move out over the weekend and the lender would work things out for them. They did only to find the Marshall had posted the house and nobody could get back in except a 3 hour period to get their stuff to the curb. Don’t let it happen to you!
In California tenants have 60 days and former owners 3 days before an eviction can be started. Under the new federal law Protecting Tenants at Foreclosure Act of 2009 tenants have the right to 90 days notice and in cases where there is a long term lease the lender will be subject to the lease. As an example, if you have a 5 year lease the lender will not be able to put you out! Title VII sec. 702.
Steps to consider as part of this process include:
- Send the party that gives you this notice a rental agreement showing someone as being a tenant in the house. (This will get you Sixty days).
- File a lawsuit for fraud and improper sale in that 2923.5 was not complied with prior to sale.
- File a LisPendens. A lispendens is “a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lispendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder. This gives notice to the defendant who owns real estate that there is a claim on the property, and the recording informs the general public (and particularly anyone interested in buying or financing the property) that there is this potential claim against it. The lispendens must include a legal description of the real property, and the lawsuit must involve the property.
- Make motion to consolidate eviction with Superior court case.
- Apply for a temporary restraining order to hold the eviction till Fraud Case determined.
- File a motion in the unlawful detainer court for a stay of the judgment till the outcome of the Fraud case.
In the worst case it will keep you in your house and you may have to post a bond equaling the reasonable rental value of your house. Judges have the power and the can disregard the law and the constitution and put you out without even a trial. This is the extreme and some days are extreme.
Due to the economic times, judges are overloaded with too many cases and are constantly trying to reduce the case load. The lenders lawyers are in front of that judge all the time, but as a whole you can expect a fair minded judge.
In the best case you could be in your house without having to post a bond and you will be offered the house back at today’s value and a low rate of interest.
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