Legal Question in Civil Rights Law in California
House Foreclosure/ Eviction
I was never served paper for date of house foreclosure by mail, or in person, or by posting on door. I also never recieved eviction papers from anyone. The bank did post a note on letter head paper telling me to immediately vacate, that they were starting the eviction process. When in fact they had already started it 1 month prior. This was my 1st. clue to go to the court house and get a copy of case file. I had 5 days to respond and missed this deadline. What can I do?
2 Answers from Attorneys
Re: House Foreclosure/ Eviction
You can spend a lot of money in attorney fees and costs to TRY to delay the foreclosure a little while, or you can accept the inevitable and move out. Unless buying you some time would allow you to get enough money together to pay up the default and save the house, I wouldn't suggest you waste the money.
Re: House Foreclosure/ Eviction
Depending on your location, many of the counties in the northern part of the state have free eviction defense groups that can help you formulate your response. You could probably file an answer -- even though late -- as long as they didn't yet take your default. If they took your default, then you could move to set it aside for the reasons you gave, and then file your answer. Even if there is a judgment against you, you might delay the inevitable because of hardship through a court procedure.
Finally, you might try negotiating with the bank now about retaining the property at a better loan rate. Good luck!
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