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My house was sold in action last week. How long can I stay in the property before I get evicted .What's the new laws 90 days ?

San Diego, CA |

I was doing a house modification and the bank action my house last week. I just want to know how long can I stay and live in the house before I get evicted ? Is there a way I could fight my house back ? or can I get 90 days from the judge if I explain my situation ? Thanks

Attorney Answers 4


  1. How long can you stay? That depends on how quickly the new owner moves to evict you. You might want to consider "cash for keys" if offered. Many lenders will offer you a cash payment to move out. Some lenders will even rent the house to you if you wish to stay. No, a judge will not allow you to stay for 90 days simply because of your situation. Good luck.

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  2. Sorry to hear about this. More information is needed for a thorough answer. I'm assuming you weren't renting, therefore, the 90 days wouldn't apply. Also, were you in the middle of a legitimate loan mod? May be more issues to explore if so. Your situation may be workable.

    (Also, none of the above shall be construed as legal advice, nor does it create an attorney/client relationship. For more detailed information, feel free to contact me for a consult. Thanks!)


  3. If you had previously submitted a compete application to the lender to modify the first loan, and the lender had not given you a written denial, the lender is prohibited from foreclosing until 30 days after issuing you a formal denial letter, under a new law in effect 1/1/13: Civ Code 2923.6 (c). If the bank took the house back at the trustee sale, you may have grounds to set aside the sale as unlawful. You need to contact a real estate attorney right away.

    Richard A. Rodgers, Esq.
    (805) 230-2525
    200 N. Westlake Blvd. Ste 201
    Westlake Village, CA 91362
    rar@sd-attorneys.com
    www.sdresq.com

    As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.


  4. 90 days rule is applicable to tenants living in the home at the time of auction. They are entitled to 90 day notice. I don't think you can avail this law. If you can't vacate the house right away, try to negotiate with new owners of the home. If you feel the foreclosure was unlawful or so, please contact a foreclosure attorney in your area.

    DISCLAIMER—This answer is for informational purposes only. It doesn't constitute legal advice. This answer doesn't create attorney client relationship.

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