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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We have a judgement home to sell. We have agreed to all

Customer Question

We have a judgement for our home to sell. We have agreed to all terms. However we have a buyer that has indicated that when escrow closes, we must vacate immediately. We refused offer, as we need at least one month. The other party's lawyer threatened us that if we don't sign he will do an expatriate and force us to sign. We are just requesting one month! Will we need legal representation for this. Do we have laws that protect us
Thank you
Blanca
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. I am sorry to learn of this situation. Where is your home located? (Different jurisdictions have different rules)

Customer: replied 1 year ago.
In San Diego California
Expert:  CalAttorney2 replied 1 year ago.

The other attorney is threatening to go into court "ex parte" and get a court order for possession.

Without knowing exactly what the underlying judgment was (you say there was a judgment to sell the home), I do not know whether or not that is going to be sufficient to get you out of the property.

In many cases, it is not - the judgment is only sufficient to trigger sale, but not possession.

However, if your judgment included a judgment of possession, and you are refusing to vacate, then the other party very well may get their ex parte order granted, and you will find yourself with an order requiring you to vacate, quickly followed by a "writ of eviction" being served by the sheriff (they usually give a 3-5 day "warning" (not required), then show up with a "forcible eviction" where you are actually forcibly removed from the property while the other party has hired movers take everything from your home and place it on the street curb).

If you really need a month in the place, go at least talk to a local lawyer - you are only looking at a consult fee, and perhaps an ex parte appearance fee, so this is less than you would pay for a month's rent anyway, but if you are this far into it (have a judgment ordering the sale, and are refusing to vacate), I would be very concerned.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
The judgement is to sell property only. There was nothing indicating for us to vacate. The lawyer threatening to experts is my husbands ex wife lawyer, representing my husbands ex wife. The property is only on my husband's name. The judgment indicated we sell the home for 340K but was not selling, so all parties agreed to sell at 300K since an investor offered to buy home at that price. However the investor wrote a letter of intent indicating he would have us vacate immediately once escrow closed and that is where we declined that offer and that's when real estate agent contacted the lawyer informing him we did not accept proposal, lawyer the contacted me, informing us that if my husband did not sign he would the do an exparte and force him to sign or something to the fact that the courts would do that. I don't know if he is trying to scare us. We are so willing to cooperate, but with a month time to vacate. Thank you very much for your time
Expert:  CalAttorney2 replied 1 year ago.

This third party cannot unilaterally dictate new terms on you.

If they want to go to court, they can, but it is unlikely the judge would grant such a motion (you are already losing $40,000 purchase price to an inside buyer).

Expert:  CalAttorney2 replied 1 year ago.

Do of course male certain that you show up for any court hearing, failure to do so (even at an ex parte) can cause you to lose.

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