Summary
In California, only the owner or authorized persons can enter a property until the foreclosure sale. Unauthorized entry is considered trespassing. A judgment of foreclosure allows the sale to satisfy debt but doesnt change trespass laws. You can attempt a short sale if the lender agrees, and filing for bankruptcy can delay the foreclosure sale through an automatic stay. Consult with local attorneys for detailed advice.Full Conversation
San Jose, California.
Hello ****, it's great to meet you. Can you please provide some details about the legal issue you're facing in San Jose, California?
my home is a foreclosure sale on January *, *. Can people come on the property before it is sold without my permission.
Hello ****, in California:
- Only the owner or authorized persons can enter the property until the foreclosure sale.
- Unauthorized entrance could be considered trespassing.
Please consult with a local attorney for detailed advice.
There was a judgment of order on the property which led to the foreclosure. Does that make a difference?
Hello ****, in California:
- A judgment of foreclosure permits the sale of the property to satisfy the debt.
- However, it doesn't change trespass laws. Unauthorized persons cannot access the property without owner's permission before foreclosure sale.
Please consider speaking with a local attorney for more specifics.
Can I short sell a home to pay off the debt before the sale?
Hello ****, in California:
- You can attempt a short sale if your lender agrees.
- Proceeds will go towards paying off the mortgage debt.
- Any remaining debt may be forgiven, but it depends on the lender.
Consult with a real estate attorney for more details.
Can I do bankruptcy to delay the sale
Hello ****, in California:
- Filing for bankruptcy can delay a foreclosure sale.
- An "automatic stay" is activated upon filing, postponing most creditor actions, including foreclosures.
- This doesn't cancel the debt, just delays it.
Consult a bankruptcy attorney for further guidance.
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