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I am in California. My house was sold at a trustee sale due

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to my being way behind...
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
Submitted: 4 years ago.Category: Real Estate Law
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7/27/2013
Real Estate Lawyer: Tina, Lawyer replied 4 years ago
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,167
Experience: 17 years of legal experience including real estate law.
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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.

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Customer reply replied 4 years ago


contra costa county

Real Estate Lawyer: Tina, Lawyer replied 4 years ago
Hello again Steve and thank you for clarifying that.

Once the 3 day period lapses, the owner can file a petition seeking to eviction you in the local court. Once you have been served with the complaint and summons, an order could be entered within a few weeks by the court, which would require that the sheriff forcibly evict you if necessary.

The timeframe does vary depending on the court's docket schedule and how quickly the owner files the suit as well as how soon they personally serve you with a summons and petition.

If you filed for bankruptcy, that would typically delay the process by a few months, but otherwise the eviction could take place in a few weeks.

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!

Tina

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Customer reply replied 4 years ago


your answer was very generic. I perhaps wanted ways to lengthen the process. I would like to stay here approximately 3 months

Real Estate Lawyer: Tina, Lawyer replied 4 years ago
Hello again, Steve.

Your question indicated that you seemed to understand that there are factors which can change the timeframe since you asked for a rough estimate. It is impossible for me to say in any particular case what the precise timeframe will be, but it can be as short as a few weeks, so that is what I would normally prepare for unless the owner is unable to personally serve you for some reason.

In addition, as I indicated, if you filed for bankruptcy protection, that would normally delay the process for a few months, but courts are used to defendants' attempts to delay an eviction and many courts will not provide additional time where it appears clear the plaintiff is entitled to possession of the property. If you filed bankruptcy though, the court would have no choice since the suit would be temporarily stayed by the bankruptcy proceedings.

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!

Tina

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Real Estate Lawyer: Tina, Lawyer replied 4 years ago

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.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 4 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19,836
Experience: B.A.; M.B.A.; J.D.
Verified
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

A different Professional here.

You have indicated that you filed for Chapter 13 bankruptcy and the Court ruled against you. Why did the Court rule against you?

Have you tried Chapter 7? If not, why?
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Customer reply replied 4 years ago

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


 

Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 4 years ago
Thank you for the information. Well that is too bad that the house could be not saved.

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:

http://www.courts.ca.gov/selfhelp-housing.htm


http://www.courts.ca.gov/1290.htm


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.

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