Delay Estate Auction Steps

Summary

Filing for bankruptcy can delay an estate auction. Legal aid organizations in California offer pro bono services. Eviction proceedings post-auction can take 3 weeks to 3 months. Lockouts before a court judgment are illegal. Consult a legal professional for personalized advice.

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I’m in California. I am the trustee of my mother’s estate. She had a reverse mortgage which I did not handle well. As aI’m in California. I am the trustee of my mothers estate. She had a reverse mortgage which I did not handle well. As a result it is up for auction on January *. Are there any steps I can take to delay the auction?
Hello ****, you may consider:
- Filing a bankruptcy that can impose an automatic stay on the auction.
- Negotiating with the lender for a loan modification or repayment plan.
- Applying for a temporary restraining order in court.
Please consult with a lawyer for personalized advice.
Can I file for bankruptcy online? I am disabled, and it is hard for me to get around.
Yes, ****, in California you can initiate a bankruptcy filing online via the United States Courts' Electronic Case Files system. However, it is a complex process and it's advised to seek legal assistance before proceeding.
Are there any pro bono attorneys for bankruptcy.
Yes, ****. In California, there are legal aid organizations that provide free or low-cost legal services. You may want to check with the Legal Aid Foundation of Los Angeles or the Pro Bono Project of Silicon Valley.
Will they help me even though I’m in San Jose, which is closer to San Francisco.
Yes, ****. The Pro Bono Project of Silicon Valley is based in San Jose, and they serve residents of Santa Clara County. You can also check Bay Area Legal Aid, which serves the San Francisco Bay area.
How long does it generally take to file bankruptcy
The time to file for bankruptcy can vary, but typically:
- Gathering the necessary paperwork can take from a few days to a few weeks.
- Filing the petition and attending the * meeting of creditors usually takes * to * weeks.
- Complete discharge in a Chapter * bankruptcy case typically takes * to 6 months.
Please consult a legal professional for personalized advice.
What are my options to remain in the house as long as possible after the auction sale?
In California, you can:
- Exercise the right of redemption if available
- Request a "cash-for-keys" arrangement
- Negotiate a lease-back or rent-back agreement
- File an objection to the sale
- Consult with a legal professional for advice
But what would happen if the auction occurred. What are my options to stay in the home after?
In California, after the auction:
- If the property is purchased by a third party, they may offer "cash for keys" or ask you to leave.
- If the lender becomes the owner, they could start eviction proceedings.
- Consult a legal professional for advice.
How long do eviction proceedings take?
In California, eviction proceedings typically take around * weeks to 3 months. This includes:
- * to 60 days for the notice period
- Around 5 days for the tenant to respond
- * to 70 days until trial
- 5 days to vacate after judgement.
Please consult a legal professional for personalized advice.
Can they lock me out of the house during the timeframe of eviction tell the judgment
In California:
- It's illegal for a landlord to lock you out before obtaining a judgment of possession from the court.
- Only a Sheriff can lock you out after the court's judgment.
- Consult a legal professional for advice.
OK thank you.
You're welcome, ****. If you have any more questions in the future, don't hesitate to reach out. Best of luck with everything.