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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11783
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Im in California, I sued my lender, and lost on the demurrer

Customer Question

I'm in California, I sued my lender, and lost on the demurrer without leave to amend. They sold my house last week. There is not a final judgement yet. The bank bought my house back. 1) how long can I stay before they kick me out?
2) Cash for keys an option?
3) Whats the likelihood that the bank will rent it to me through the end of summer? I would like to stay in it through the end of summer, I'm planning on moving out of state but not until my daughter graduates.
4) And most important, I know I live in a non-recourse state, but can the lender sue me or make me pay for their lawyer fees in fighting this lawsuit?
5) How do i dismiss the case or get out of it and protect myself from having being stuck with attorney costs from their side? WITHOUT filing a BK...other options please.

I first hired a lawyer after my loan audit showing proof that i was involved in one of those predatory loans. The atty filed it in federal court, then missed a couple of crucial hearings and the judge ruled in the banks favor. I fired him, replaced him with myself ( I know, never represent yourself, but I had little money to pursue any further) and dismissed the case without prejudice. Then I pursued it in lower court. Won a TRO to prevent sale, then lost TRO in which this part of my case is in appeal. Lost on the demurrer, they sold my house, now what? How do i protect myself from being sued for fees?
Seems a mute point to continue with the appelate court now that my house went back to the bank.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 11 months ago.

Hi, my name is XXXXX XXXXX I will do my very best to Answer your question

 

I am sorry to hear that your Attorney poorly represented you,

 

You asked,

 

"1. how long can I stay before they kick me out?
2. Cash for keys an option?
3. Whats the likelihood that the bank will rent it to me through the end of summer? I would like to stay in it through the end of summer, I'm planning on moving out of state but not until my daughter graduates.
4. And most important, I know I live in a non-recourse state, but can the lender sue me or make me pay for their lawyer fees in fighting this lawsuit?
5. How do i dismiss the case or get out of it and protect myself from having being stuck with attorney costs from their side? WITHOUT filing a BK

 

Answers

 

1. Since the lender is now the owner of the house, they can ask you to leave at any time. There is no "grace period" or any length of time that the law gives the former owner in foreclosure proceedings. Once the house is sold, the new owner (here, the lender) can serve you with a 3-day notice to vacate and if you do not, the lender can start eviction proceedings immediately. Depending on how diligent the lender is and how busy the Court calendar is, the lender can have you removed from the house in 30 to 40 days;

 

2. Cash for keys is an option, but only if you act quickly because if the lender is put to the trouble of going through eviction proceedings, they will not be in the right frame of mind to agree to anything with you;

 

3. Lenders who have gone through foreclosure proceedings and wind up buying the house because nobody else bid high enough to buy the house should be receptive to renting the house to you. Although lenders do not like holding on to houses, if it is going to sit in their inventory, they would prefer that it generate some income until they get it sold. I would not be giving you an honest Answer if I told you definitively that they would rent it to you until the summer, but you could negotiate with the lender and tell them that you would cooperate in showing the house to any prospective buyers. This would make them more receptive to renting you the house. You can also tell the lnder that the house would be less prone to vandalism if it is occupied rather than allowed to remain vacant;

 

4. The lender cannot sue you for Attorneys' fees related to the foreclosure. But, if the lender incurs fees in trying to remove you from the house, these Attorneys' fees no longer relate to the foreclosure and the lender would be granted these fees;

 

5. If the lender has bought the house at the foreclosure sale, the case should be over and there should not be any additional Attorneys' fees; if there is, please explain and I will be glad to explain further,

 

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 


ANDREA

 

 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11783
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

great advice, but how di dimiss the case now that it is sold? also i do not want a subscription, and have gone through the steps to cancel it, followed the instructions, but it does not offer an edit button leading to an cancellation... please help with this thanks

Expert:  Andrea, Esq. replied 11 months ago.

Thank you for the Excellent Service rating, I appreciate it greatly,

 

I sent your request regarding the subscription to customer service. The Experts do not have access to any customer's accounts, so the offer must have come from the website. I could not do anything from my side, but customer service will take care of this for you.

 

In Answer to your question, since the foreclosure action is over and done with and the house was put up for sale and the lender purchased the property, they, as the Plaintiff, had an obligation to instruct the Court Clerk to mark the case, "Settled, Discontinued, and Ended", or with words to that effect. If they have not done so, contact the lender and ask that he do so because you, as the Defendant, would not be able to do so,

 

 

ANDREA

 

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