In 2014 I sold (owner financed/)to some high-risk people from Washington some property that I have here in California I gave them a really good deal 3.5% interest I wrote it as a promissory note what's a boilerplate issue having him sign pre sign that is a quick claim deed in case of default he defaulted pretty much immediately and I followed through which is notice of default whereupon he has become violent and cannot even be dealt with there are a lot of other terms in the note which he defaulted on. Both of us did sign and notarized everything and the promissory note does refer back to the deed of trust and purchase and sale agreement the deed of trust is in his name with the terms and it is registered at the registrar's in the county.I don't know really where to start with an eviction or with the simple writ of possession? This guy is a violent felon and very hard to deal with I was just trying to do somebody solid shame on me.
It sounds like he owns the property and you have a valid lien on the property. You must first take the property through the non judicial foreclosure process which begins with the notice of default, but then there is a notice of trustee sale, an actual sale, a recorded trustee's deed upon sale, then you an do a three day notice to quit, file an unlawful detainer, and eventually get a writ. You should seek the advice of an AVVO attorney who provides a free consultation. If you find this answer to be the BEST or HELPFUL answer please click the button to indicate such.
I agree with what Patricia said. I would add that you don't need to deal directly with the mortgagor. You hire a foreclosure trustee to foreclose, you get an eviction attorney to regain possession, and a sheriff to haul them out of there physically if necessary. It's a messy process for the person being evicted, but it doesn't have to be dangerous for you.
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What you do not know can be extremely costly, so you need to retain the right type of attorney. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced CA mortgage foreclosure attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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if there is a power-of-sale clause in the deed of trust, you may be able to utilize a non-judicial foreclosure. Otherwise you will have to judicially foreclosure, i.e., file a lawsuit to regain title. Either way, best to have counsel involved to direct the process. A non-judicial foreclosure is cheaper and quicker, and would be done by a foreclosure trustee. While a nonjudicial foreclosure does not involve the courts, there is always the possibility that the defaulting borrower could sue if there is anything wrong with the foreclosure from an accounting or procedural standpoint. Good luck.
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