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.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
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!)
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.
200 N. Westlake Blvd. Ste 201
Westlake Village, CA 91362
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.
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.