Pending Auction/Foreclosure Eviction

My house is being auctioned by the bank on June 3rd. I stopped the last auction by filing Chapter 13, even though I had no other debt except my mortgage. Can someone tell me how long I will have if the house is successfully auctioned on that date. Can I postpone my 'move out' by forcing them to evict me? If so, what's the process.

Chula Vista, CA -

Attorney Answers (2)

Brian Crozier Whitaker

Brian Crozier Whitaker

Bankruptcy Attorney - San Diego, CA

If the Trustee's Sale goes through, you will eventually be given a 3-day Notice to Quit. At that point you will contact the new owner (probably the mortgage lender) and negotiate reasonable time for you to vacate (at least a month or two) ... they may even be willing to pay you "cash for keys" to encourage yo to do so. If an Unlawful Detainer action is eventually filed, the Eviction Order won't be far behind (even if you file an Answer to delay it a few weeks).
Feel free to call my office if you're interested in filing another BK to stop that sale.

Donny Emil Brand

Donny Emil Brand

Real Estate Attorney - Santa Ana, CA

Did you have an attorney represent you in your prior chapter 13 bankruptcy? You should have a consultation to see if chapter 13 is a viable option for you as a long term solution. An attorney can also analyze your entire financial situation and discuss alternative options with you such as short sale, loan modification, etc.

Legally, the bank is allowed to issue you a 3-Day Notice to Quit. If you do not comply, then they will file an Unlawful Detainer action against you and will get a judgment against, at which time they can have local law enforcement forcibly remove you from the home.

However, practically speaking, if the property goes back to the back (i.e., it's not purchased by someone at the foreclosure sale who intends to occupy the property as their primary residence), then what I've seen happen many times in my practice is that a few weeks pass by after the foreclosure sale, and then a local realtor knocks on your door and offers you a few thousand dollars if you leave peacefully and leave the house in "broom clean" condition. This is called cash for keys. Sometimes you can negotiate another few weeks in the house.

However, you should really speak to a local CA attorney who can consult with you, get all the necessary information, and advise you of all your possible legal options.

Related Topics

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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