Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Where in California do you reside?
I look forward to assisting you as soon as I have received this information. Thank you.
contra costa county
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!
your answer was very generic. I perhaps wanted ways to lengthen the process. I would like to stay here approximately 3 months
I'm truly disheartened to see that you rated my assistance to you negatively instead of using the reply button to let me know what additional information you may be seeking from me. I strive to provide every customer with excellent service.
I am going to opt out of your question and open this up for other professionals to get their opinion. There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else. My apologies for any inconvenience and Good Luck.
we were advised the way to save our home was chapter 13. The court sited a 60 day rule. All documentation I have read stated that ch 13 should have saved it. Especially since we are "underwater". Then HOA dues become an unsecured debt
Thank you for the information. Well that is too bad that the house could be not saved. Your Question: I am in California. My house was sold at a trustee sale due to my being way behind on my condos hoa fees. I have been served a 3 day quit notice. I would like a rough estimate on how long I will be able to stay at the property Response: About 60 days. How long you have would depend on the type of foreclosure used by the HOA. If a judicial foreclosure was used, this means that the HOA does not have to file unlawful detainer action in order to remove you after the foreclosure of the premises because HOA probably was given Writ of Possession as part of the Judgment of Foreclosure. However, if a non-judicial foreclosure was used, then the HOA must file unlawful detainer action to remove you from the foreclosed property if you fail to move out after receiving notice from the HOA to move out. The process to get you removed may take up to 60 days.
The "Sheriff" cannot lock you out without a Court Order. In California as in most other states there is no self-remedy to evictions. Thus, the HOA cannot change the locks, shut off your utilities to get you to move. In order to remove you from the premises, the HOA must file Unlawful Detainer action—this is an eviction action in California, and a Judgment for Possession of the premises obtained before a Sheriff could be sent to move you out
Once the Unlawful Detainer is filed, you will be given a notice of the lawsuit and given opportunity to respond, usually five days. Then the Court will hear the case and make a ruling within a very short time, usually within 20 days of the hearing.
If the Court decides in favor of the HOA, the Court will issue a Writ of Possession. The Writ of Possession orders the Sheriff to remove you from the home, but gives you five days from the date that the Writ is served to leave voluntarily. If you do not leave by the end of the fifth day, the Writ of Possession authorizes the Sheriff to physically remove and lock you out, and seize (take) any belongings that you might have left in the unit.
If you do not answer the complaint at the end of the fifth day, the Court will enter a Default Judgment against you. The Default Judgment allows the HOA to obtain a Writ of Possession, which gives the Sheriff the authority to force you out of your home.
So when you get a notice of the Unlawful Detainer— the Summons and the Complaint, make sure to respond to it or get local legal assistance immediately to protect your rights.
It is very important to note that the HOA is not entitled to possession of the home until after the Sheriff has moved you out. So, you can stay in the home until the Sheriff moves you out. This will buy you sometime to look for another place.
For more information on Unlawful Detainer, click on the link below:
You may also file Chapter 7 bankruptcy once the eviction action is filed in Court to get more time to find another place to live. Once the bankruptcy is filed, the eviction action must stop and the HOA must then file Motion for Relief from the Automatic Stay to get permission of the bankruptcy Court to proceed with the eviction. You must also file a response opposing the Motion so that the Court would schedule a hearing in the case, giving you more time to stay.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).