I HAVE A PLAN If the foreclosure has occured and you are now facing Eviction I HAVE A PLAN

25 Jan

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 stated.

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.

One Response to “I HAVE A PLAN If the foreclosure has occured and you are now facing Eviction I HAVE A PLAN”

  1. Barry Turcer April 11, 2012 at 7:45 pm #

    Reference Step 1: Do you suggest this course of action even if we are/were the homeowner and still living there as our primary place of residence (i.e., and never sub-leased or rented out before)? (Note: We received notice from a Realitor that the bank purchased our home at the Trustee’s sale and wants to do a “cash for keys” exchange to get us out, but requires our signing an agreement that effectively gives up our right to sue later. The notice specifically states this IS NOT an eviction notice so can I conclude from that we don’t have to vacate until we are actually served with an eviction law suit, which then starts the count down of the 3 day notice to vacate?) Please respond…

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