Summary
If your California home is sold at auction and you dont leave, the new owner can start eviction proceedings. This involves serving a three-day notice to quit, filing an unlawful detainer lawsuit, a court hearing and judgment, and a sheriff-enforced lockout. An unlawful detainer lawsuit usually takes 20 to 45 days if uncontested, but can take several months if contested. You may postpone the sale by filing for bankruptcy, applying for a loan modification, or requesting a postponement from your lender. Selling the house before the auction to pay off the loan is also an option, but requires lender approval. Free or low-cost legal help is available through Legal Aid societies, Californias State Bar Associations pro bono program, law school clinics, and non-profit organizations. These resources can also assist with bankruptcy.Full Conversation
my house is going to be sold at auction on January *, * in California. What happens if I don’t leave the house after.
Hello ****, in California, if the house is sold and you don't leave, the new owner can start eviction proceedings, which generally involve:
- Serving you a three-day notice to quit
- Filing an unlawful detainer lawsuit
- A court hearing and judgment
- A lockout by the sheriff if you don't leave voluntarily.
Are each of these actions sequential after a sale.
Yes, ****, these actions usually occur in sequence after a property sale in California:
*. Three-day notice to quit
*. Unlawful detainer lawsuit
*. Court hearing and judgment
*. Sheriff-enforced lockout
How long does the unlawful detainer lawsuit take?
In California, an unlawful detainer lawsuit usually takes between * to 45 days to complete if it's uncontested. If contested, it might take several months. These timelines can vary based on court schedules and specific case complexities.
is there a way I can postpone the sale?
In California, you may be able to postpone your house's foreclosure sale by:
- Filing for bankruptcy
- Applying for a loan modification
- Requesting a postponement from your lender
These options have different implications. Please consult a legal professional for personalized advice.
Can I still sell the house before and pay off the loan?
Yes ****, you can sell the house before the auction and use the proceeds to pay off the loan. This is known as a "pre-foreclosure sale" or "short sale". However, this requires your lender's approval. Have you talked to your lender about this option?
I have not talked to the lender.
It's advisable to communicate with your lender about your situation. They might provide alternatives like loan modification, repayment plan, or even a short sale. Would you like some tips on how to approach this conversation with your lender?
Yes, please.
When speaking with your lender, consider these steps:
*. Document your financial situation, highlighting why you're unable to make payments.
*. Propose a repayment plan or request a loan modification.
*. If selling the house, ask for a short sale.
*. Stay polite, persistent, and proactive throughout the process.
is there a way I can get legal help without cost. I’m currently disabled and waiting for my SSDI.
Yes, ****. In California, there are several resources for free or low-cost legal help. These include:
- Legal Aid societies
- California's State Bar Association's pro bono program
- Law school clinics
- Non-profit organizations
Please search for these services in your local area.
Could they help me with bankruptcy? I don’t see a way out of this except to just try to start fresh. My credit is already poor.
Yes, ****, these resources can provide assistance with bankruptcy. Legal Aid societies and law school clinics often have attorneys who specialize in bankruptcy law. They can guide you through the process and help you understand your options.
OK thank you. Happy holidays.
Thank you, ****. We're here whenever you need any legal information. Wishing you a wonderful holiday season.
Ty
You're welcome, ****! Feel free to reach out anytime. Happy holidays!
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