Foreclosure Auction Property Rights

Summary

In California, you are not legally obliged to allow anyone onto your property before a foreclosure auction unless specified by a court order or mortgage terms. Court orders must be served in advance, typically at least 5 days before the hearing. If you refuse entry despite agreement terms, the buyer may seek a court order, and you could face legal consequences for breach of contract. After a foreclosure sale, if the sale price doesnt cover the mortgage balance, the lender might seek a deficiency judgment unless its a non-judicial foreclosure. To check for auction delays, contact the trustee or visit the county recorders office. Trustees must post postponement notices at the sale location but are not required to notify you directly. Always consult a legal professional for personalized advice.

Full Conversation

my house in California is being sold at auction on January *, *. Do I have to let anybody in the home or on the property before hand
Hello Robert, in California:
- You are not legally obliged to allow anyone onto the property before the auction.
- If there's a court order or terms in your mortgage agreement that state otherwise, you may have to comply.
- Always consult with a legal professional for personalized advice.
Would they have to serve me the court order in advance if it happened
Yes, Robert. In California, court orders must be served to you in advance, generally at least 5 days before the hearing. This gives you time to respond. Always consult a legal professional for advice tailored to your situation.
so as it stands, I do not have to have anybody come in my home, or even in my backyard without a court order.
Yes, Robert. Generally, without a court order or specific terms in your agreement, you have the right to refuse entry to anyone onto your personal property in California. Always consult a legal professional for advice tailored to your situation.
I’m not sure if the terms allow them to come in but if it does and I still refuse what course of action can they take?
In California, if you refuse entry despite the terms of your agreement allowing it:
- The buyer may seek a court order for access.
- You could potentially face legal consequences for breach of contract.
- Always consult with a legal professional for personalized advice.
OK thank you very much.
You're welcome, Robert! If you have any more questions or need further clarification on anything, feel free to ask. Remember, it's always a good idea to consult with a legal professional for advice tailored to your situation.
is sold at less than it’s worth am I responsible for any incidental expenses after foreclosure cell
In California, after a foreclosure sale:
- If the sale price doesn't cover the outstanding mortgage balance, the lender might have the right to seek a deficiency judgment.
- However, if it's a non-judicial foreclosure, California law generally prohibits deficiency judgments.
- Consult a legal professional for personalized advice.
How do I find out if there’s been a delay in the foreclosure sale auction
In California, you can:
- Check with the trustee handling the sale.
- Visit the county recorder's office or their online platform to see if a postponement notice has been recorded.
- Legal professionals may also help you obtain this information.
Always consult a legal professional for advice tailored to your situation.
do they have to notify me if it has been postponed?
In California:
- The trustee is not legally required to notify you if the foreclosure sale has been postponed.
- However, they must post a notice of each postponement at the same location where the sale was to take place.
- Always consult with a legal professional for personalized advice.