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My unit is up for auctions due to non payment on 19th. I'll have monies to pay bill on 20th. What can I do?

San Diego, CA |

I had the money, but made arrangements to pay and empty my unit on a day prior to auction day to be set. I had to travel 1800 miles to get to the storage unit. Being a disabled Veteran I over compensated and my injuries delayed my travel en route. Having to use funds came up short. Believed I had until end of month with PS added monthly and late fees . I've notified both manager and District manager's Substitute with denials from both of an arrangement to pay in full on 20th day after Auction set date. My monies comes the next day after auction day. So far I've been denied any agreement to pay. Yet, I will have the monies to pay the following day

Attorney Answers 3


  1. Your post does not indicate the type of auction or the type of property your"unit" is.

    If you are referring to a bank loan in a non-judicial foreclosure, there is not much you can do. You have the statutory right to cure the default five business days before the scheduled trustee's sale.

    if you are referring to an HOA lien foreclosure, you have a statutory 90 day right of redemption.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. You will need to file a bankruptcy to stop the sale. If you are sure you can cure the default and bring the loan current within 2-3 months, then you may be able to do a Chapter 7. Otherwise, a Chapter 13 will give you time to pay the arrears while you keep up the regular payments.


  3. I agree with my colleagues that more information is required as to what type of auction you are dealing with in this case. It appears you believe there were some discrepancies with how the auction came about. Bankruptcy may be an option and will impose an automatic stay to allow you to keep the property temporarily. If there was some violation of the law you can file a lawsuit and get an immediate temporary restraining order (TRO) preventing the sale. You need to provide more information and likely consult an attorney to be fully apprised of your options.

    The above is general legal analysis. It is not "legal advice" but analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. The above response does not create an attorney/client relationship. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here