Home Auction Process Explained

Summary

After a home auction in San Jose, California, you typically have a redemption period to pay off your debt. If you cannot do this, the new owner can serve a 3-day notice to vacate. If you dont comply, they can file an unlawful detainer lawsuit. The timeline for this lawsuit includes filing a complaint, serving you, and scheduling a trial. The redemption period allows you to reclaim your property, while the 3-day notice is for vacating. Consult a local attorney for personalized advice.

Full Conversation

my home is going to be sold at auction on January *. What happens to be after it is sold.
Hello ****, I'm sorry to hear about your situation. The process after a home is sold at auction can vary based on your location. Could you please tell me where you are located so that I can provide the most accurate information?
I’m in San Jose, California.
In San Jose, California:
- You typically have a redemption period to pay off the debt.
- If you cannot do this, you'll need to vacate the property.
- If you refuse, an eviction process may start.
Please consult a local attorney for detailed advice.
so they give me some time after the house is sold.
Yes, ****. The redemption period allows you some time to settle your debts after the house has been sold. However, the exact duration varies. Please consult with a local attorney for detailed advice.
I heard there’s a three day period the new owner gives me after the auction.
After an auction in California, the new owner typically needs to serve a *-day notice to quit. If you don't move out in that period, they can file an unlawful detainer lawsuit. Please consult an attorney for personal advice.
What happens during an unlawful detainer lawsuit.
During an Unlawful Detainer lawsuit in California:
- The new owner files a complaint with the court.
- You'll be served with court summons and complaint.
- You have 5 days to respond.
- If you don't respond, the court can make a default judgment against you.
- If you respond, a hearing will be scheduled.
Consult an attorney for detailed advice.
What is the usual timeline of the unlawful detainer lawsuit?
The timeline of an Unlawful Detainer lawsuit in California generally follows these steps:
- Day *: Filing of complaint
- Day *-*: Service of complaint
- Day *-*: Your response period
- Day *-*: Trial
- Day *-*: Writ of possession issued and executed
Please consult an attorney for personalized advice.
what’s the difference between a redemption. And a three day notice after the auction.
The redemption period and the *-day notice differ:
- Redemption period: The time given to homeowners after the auction to pay off the debt and retain ownership of the property.

- *-day notice: After the auction, the new owner gives the previous owner a *-day notice to vacate the property. If not, they can start the eviction process.
I get a redemption .
Yes, ****. In California, a redemption period is typically offered where you get a chance to pay off your debt and reclaim your property after it's sold at auction. Please consult a local attorney for personalized advice related to your situation.
Sorry how do I get a redemption period.
The redemption period is automatically given to you after your house is sold at auction in California. It's not something you have to apply for. However, the specific length and conditions can vary, so please consult a local attorney for accurate information.
Can I get both a redemption. And a three day notice?
Yes, ****. In California, after your house is sold at auction, you get a redemption period to reclaim your property. If you don't, the new owner can serve you a *-day notice to quit. If not complied with, they can begin eviction proceedings. Consult an attorney for detailed advice.