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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38879
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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Our house was Foreclosed and a Writ of Possession of Real Property

Customer Question

Our house was Foreclosed and a Writ of Possession of Real Property complaint was filed on 1/28/15, in compliance with CCP 415.46, and subsequent to that we received a Notice to Vacate from the Sheriff's Department of Los Angeles on 3/25/15 to vacate by 3/30/15. Our lawyers at the time were able to stall the eviction process for an indefinite amount of time (not sure how much time was granted by the motion filed). We have since received another Notice to Vacate dated 5/21/15 to leave by 5/26/15. Our case number ***** ***** We are still trying frantically to move out all of our remaining possessions to our rental residence now that we have lost our home. Additionally I feel I should mention, that on the last day of April (I believe Thursday), someone broke into the house through the back sliding door by physically removing both the screen and glass doors off of the track. He then proceeded to take photos of the interior on his phone (as if "scouting" the place for valuables or any sign of vacancy - the house was clearly still filled with our belongings). I confront him (could not call 911 as my phone was next to the sliding door where he was standing at that time) and asked what he was doing and he told me this was HIS house. I asked him to show me his identification and if this is indeed his house, to tell me the address of this location. He failed to show any proof of ownership or possession of the house (remember that at the time our notice to vacate was not active - not until 5/26) and instead physically threatened me and became verbally hostile. After telling him to get out and that I would call the cops, he went out the back door, through the side gate, and continued to loudly hurl insults and instigate a fight from the front of the house. I went to follow him outside and while words were exchanged, he proceeded to hit me twice in the lower abdomen/inguinal region (above the thigh near the femoral artery). I did not strike him nor swing at him. I went inside and realized I was STABBED. 911 was called, 2 fire trucks, an ambulance, and 3 police cars arrived on the scene to treat my injuries. I have since realized that the suspect from the stabbing was an Agent (Jake) for the company (Eagle Vista Equities, LLC) that bought the house at the Foreclosure Auction. Please help!
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, Here at Justanswer, contributors in legal categories answer questions about the law. You have provided a lot of info, but no specific question. What question can I "justanswer" for you today?
Customer: replied 2 years ago.
Sorry, missed that part. What are my rights regarding this incident, and more importantly, what can I do about buying more time for moving my property from the home before the sheriff's department kicks me out? Do you think that consulting an attorney would help with time? I haven't yet called the sheriff's department with the information I've found (that the suspect is working for the company that purchased our home) because I'm unsure about its impact on my removal/eviction.
Expert:  socrateaser replied 2 years ago.
California law permits the court to provide up to a 40-day stay on the sheriff's execution of the writ of possession (forcible eviction). You would have to file a motion for a stay of execution immediately, and show some urgent circumstances. Concerning your being stabbed, that's both a civil and criminal trespass, as well as a criminal and civil assault and battery. You can sue the intruder and his/her employer, for your damages, plus exemplary/punitive damages, since the intruder's actions appear to be intentional.Even if you are formally subject to the writ of possession, only the sheriff is authorized to enter the property. Until you are removed, no one else can enter, because you are still in possession. The reason for this is due to precisely what has occurred. People tend to fight over property, and when that happens, there may be injury or death. It appears you have an excellent case. You need to contact a personal injury attorney. If you need a link to a reputable attorney referral service, please let me know that my answer is helpful, and I will be happy to provide additional information. If all else fails, you could file for bankruptcy, and give yourself at least 30 days additional time in the property. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!

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