The next thing you can expect is a knock on your door. It will be the friendliest guy or gal that you would ever want to meet. Its the real estate agent with orders to get you out of the house. They may offer you cash for keys or whatever remember they are not your friend they have one purpose and one purpose only. TO GET YOU AND YOUR FAMILY OUT.
They may say things like don’t worry we can get you back in the house and you can buy it back. I had one Realtor promise that the people could buy back the house they just needed to move out over the weekend and the lender would work things out for them. They did only to find the Marshall had posted the house and nobody could get back in except a 3 hour period to get their stuff to the curb. Don’t let it happen to you.
In California tenants have 60 days and former owners 3 days before an eviction can be started. Under the new federal law Protecting Tenants at Foreclosure Act of 2009 tenants have the right to 90 days notice and in cases where there is a long term lease the lender will be subject to the lease. ie. if you have a 5 year lease the lender will not be able to put you out! Title VII sec. 702
Step 1 send the party that gives you this notice a rental agreement showing someone as being a tenant in the house. (This will get you Sixty days)
Step 2 File a lawsuit for fraud and improper sale in that 2923.5 was not complied with prior to sale. sample-bank-final-complaint1
Step 3 File a Lis Pendenslisp-for-client
Step 4 Make motion to consolidate eviction with Superior court case.galejacksonconsolidation Alternative to Step 4 would be to apply for a temporary restraining order to hold the eviction till Fraud Case determined. Alternative to step 4 actually a Step 5 would be a motion in the unlawful detainer court for a stay of the judgment till the outcome of the Fraud case.
What will this do?
In the worst case it will keep you in your house and you may have to post a bond equaling the reasonable rental value of your house. Let me take that back just remember Judges have the power and the can disregard the law and the constitution and put you out without even a trial. This is the extreme and some days are extreme. The lenders lawyers are in front of that judge all the time, but as a whole you can expect a fair minded judge.
In the best case you could be in your house without having to post a bond and you will be offered the house back at today’s value and a low rate of interest.Southern California(760)733-8885 in Northern California(916)361-6583
Here are some examples of what our offices do. Many a client call me when its toooooo late however sometimes something can be done it would envolve an appeal and this application for a stay. Most likely you will have to pay the reasonable rental value till the case is decided. And … Yes we have had this motion granted. ex-parte-application-for-stay-of-judgment-or-unlawful-detainer3
When title to the property is still in dispute ie. the foreclosure was bad. They (the lender)did not comply with California civil code 2923.5 or 2923.6 or 2924. Or the didn’t possess the documents to foreclose ie. the original note. Or they did not possess a proper assignment 2932.5. at trial you will be ignored by the learned judge but if you file a Motion for Summary Judgmentevans sum ud
template notice of Motion for SJ
TEMPLATE Points and A for SJ Motion
templateDeclaration for SJ
TEMPLATEProposed Order on Motion for SJ
TEMPLATEStatement of Undisputed Facts
you can force the issue and if there is a case filed in the Unlimited jurisdiction Court the judge may be forced to consider title and or consolidate the case with the Unlimited Jurisdiction Case
2nd amended complaint (e) manuel
BAKER original complaint (b)
Countrywide Complaint Form
FRAUDULENT OMISSIONS FORM FINAL
sample-bank-final-complaint1-2.docx
California stop foreclosure and get your own shortsale COMPLAINT
elderabusecomplaint
And in some cases an injunction is in order
Foreclosure injunction TRO
and a Lis Pendence
hello tim I got a situation that I need your help the lenders sold my property when my property was under a legal law suit at a federal court and the new aparent ” ” buyer are taking me to court under a unlafull detainer please let me know the cost of yuor fees to represent me on this one . I am one of the ones meeting yuo today w/ the spanish people 2/2/09 thanks Salomon
Just like almost everyone visiting your site, we too are in dire straights. Thank you, Timothy, for creating this website. Being informed is the only thing helping my wife and I stay calm. Just like Deman MyVett, we would like to know what your fees are to help us stay in our home? We got the notice of eviction on 1/29/09. No unlawful detainer has been filed (yet) in our case. Thank you in advance.
Hi, Looking for the place in Ca, to audit the loan with all details to find the violations?
Any Attorney in Ca, that can help me with the few cases that I have.
Please let me know ASAP.
Tim
We are seeking help immediately received foreclosure filing dated 02/06/09,but had been turned over since January.Please contact us to let us know how you handle your fees.
thank you for your web presence. would appreciate knowing something ASAP.
If judges have the power, the public have their carreers: http://www.sos.ca.gov/elections/recall.pdf
Tim is the best!! I already had the 3 -Day Notice to Quit after a Calif. Foreclosure. After I succesfully got through several of my Unlawful Detainer hearings as a pro se, then I filed my large complaint. Upon Tim’s advice, I then filed a Motion to Consolidate both cases, the UD and the Fraud/TILA complaint. The UD judge did this and was happy I was out of that court and into one that was more suited to the fraud/TILA issues. Recently, the new judge dismissed the UD case. Listen to Tim!!! I am still in my home and the 3 Day Notice to Quit was posted on Oct. 31, 2008. I’m fighting for my home!
Hi Tim,
I am fighting for my home and filed a lawsuit against all parties involved. We are in discovery and requested they product the orginial loan/note documents. They are fighting us saying that the deed of trust is sufficient and they the orginial note is not relevant. Do you have any idea of how to fight that?
I received lienz pennentgs in May, 2009. On my mortgage papers has MERS as a nominee, however, we took a close look at the Lienz Pennents and MERS was not mentioned In the state of Florida you have 20 days to respond, we did the Lienz Pennets states the lender’s vice president signed these documents and notazarized. Then in sept 2009 after we responded to lienz pennent they stated they are the owner of the note the same person that is on the lienz as vice president of the bank states on these documents we got in Sept that he is Special Loan Manager. How can the same person sign and notarized as a vice president is now a special loan manager. Can you tell me what is going on here? Also, my mortgage papers as a MIN number
I really appreciate all this information to educate me in the process of eviction after the foreclosure, I will like to know if my son qualifies as tenant in the house, so can take the sixty days before move out.
a blood relative will not qualify… they must truly be a tenant