Legal Question in Landlord & Tenant Law in California

Home Forclosure

We are renting a home that is being forclosed on and the Trustee sale in later this month. We know that we can stay in the home a few months once the proceedings have begun. We know we need legal assistance. How much should it cost us and how much work in involved for them?


Asked on 8/15/08, 3:02 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Home Forclosure

I suppose you could hang on until the very bitter end when the sheriff drags you out with your hands clutching the carpet and grasping everything within reach. Of course, this would mean an unlawful detainer judgment would be on a credit report for Landlords for the next 7 years. Unless you rent from friends or family, it could be very difficult for you to find anyone willing to lease to you; but then again there is always the mission and tent city.

If you would prefer to not live with famiy or at the mission for the next 7 years, then you may want to consider moving out before an unlawfult detainer judgment is entered against you. Even better, you might want to consider using the $3000+ retainer you would spend on an attorney on moving expenses and move out immediately before an unlawful detainer case is filed.

If an unlawful detainer is filed, you should hire an attorney to represent you to try to keep as much off the Landlord's credit report as will be possible.

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Answered on 8/15/08, 4:21 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Home Forclosure

I just answered this.

Please don't post the same question twice.

Mr. McCoy's answer was excellent.

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Answered on 8/16/08, 9:09 am


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