Foreclosure Auction Postponement Rules

Summary

In California, lenders must provide written notice of a foreclosure sale at least 20 days before the date. If postponed, the new date must be announced at the last scheduled sale. If you dont leave after foreclosure, the lender can start an eviction process with a 3-day notice to quit. The unlawful detainer process typically takes 30 to 60 days. You have the right to redeem the property within 3 to 12 months after the sale. The new owner cannot change the locks until they win the unlawful detainer lawsuit. If they do, you can report illegal eviction or sue for damages. Always consult a local attorney for specifics.

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I’m in California. My house is up for judicial foreclosure auction on January *. I’m working with someone to possibly pay off the mortgage and stop foreclosure or at least postpone the auction. If they postpone the auction and what I’m working on falls through do they have to let me know of the new auction date?
Yes, in California:
- The lender is required to provide written notice of the foreclosure sale to the borrower at least 20 days before the sale date.
- If the sale is postponed, they need to announce the new date and time at the time and place last scheduled for the sale.
How long does it usually take to get a new auction date after postponement was lapsed
In California, there isn't a specified time period to reschedule a postponed foreclosure auction. It depends on the lender's discretion. They'll give a new date, generally within 30 days but could be longer. Always check with your lender for exact timelines.
do the same rule supply for the auction that was postponed. They have to give me three day notice and if I don’t leave go to court.
In California:
- The same rules apply. The lender must announce the new date and time at the last scheduled sale.
- If you don't leave the property after foreclosure, the lender may start an eviction process. They must provide a *-day notice to quit. If you don't comply, they can file an unlawful detainer lawsuit.
do you know how long it takes to get an unlawful detainer ruling
In California, the unlawful detainer process typically takes around * to 60 days from filing to judgment, provided there are no significant delays or trials. However, this can vary, so it's best to consult a local attorney for precise timelines.
Because this is a judgment foreclosure, I believe I still am able to pay off the new buyer under protection.
In California, after a foreclosure sale:
- You have the right to redeem the property within 3 months if the sale proceeds were sufficient to cover the defaulted loan.
- Otherwise, you have up to 12 months to redeem.
Consult a local attorney for specifics.
For the buyer would have to vacate the premises if I was able to pay off the defaulted loan within three months.
In California:
- If you redeem the property within the redemption period, the purchaser must vacate.
- If they refuse, you may have to initiate an eviction process.
Consult with a lawyer to understand the exact process.
The new buyer cannot change the locks on me if they’re going through the unlawful detainer process, correct
In California:
- The new owner cannot change the locks or otherwise "lock you out" until they have won the unlawful detainer lawsuit.
- Any attempt to do so can be considered "forcible entry," which is illegal.
What if they do it? What is my recourse?
In California, if the new owner changes the locks during the unlawful detainer process, you may:
- Call the police to report illegal eviction
- File a lawsuit for damages
Consult a lawyer for detailed advice.
I’m hoping that this will not be an issue because I do have someone who shows interest in paying off the loan and asking for a postponement of the auction if necessary. But just in case I want to know my choices if I do have to stay longer than the three day, which is likely, I will just let them know that I am aware, but they cannot do any changes to the property until the unlawful detainer lawsuit has been processed.
In California, if you stay longer than the *-day notice period:
- The new owner must file an unlawful detainer lawsuit to evict you.
- They cannot change the property until the lawsuit is resolved.
- If they violate this, you can report illegal eviction or sue for damages.
Since I am the legal residence, I can have correct , right
In California:
- As a legal resident, you have rights during and after the foreclosure process.
- You cannot be removed without an unlawful detainer lawsuit.
- You have the right to redeem the property within specified periods.
Always consult a local attorney for specifics.
I’m sorry I didn’t type that right. Since I am the legal resident. If they do change the locks, I can have them correct it or give me the keys. And possibly press charges against them.
In California, if the new owner changes the locks during an unlawful detainer process, they are conducting an illegal eviction. You can:
- Contact the police to report the illegal eviction
- Consult an attorney about filing a lawsuit for damages or getting a court order for re-entry
Always consult with a local attorney for specifics.
OK thank you.
You're welcome, **** If you have any more questions in the future, feel free to ask. Good luck with your situation.