Legal Question in Real Estate Law in California

We are about to go into default on our mortgage (divorcing) - either sell the house outright (break even proposition) or possible short sale due to market conditions.

Can the bank lock us out of the house (with everything we own still in it) at anytime while we are undergoing this process?


Asked on 9/15/09, 1:27 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

In order for the bank to take possession, it would have to initiate the unlawful detainer process after it becomes the sole owner. It would have to serve you with a three-day notice to quit and, if you don't comply, then file an unlawful detainer lawsuit (eviction) which takes a few weeks to go through the court system.

Some banks have been known to change the locks. Self-help is not permitted and violates the law.

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Answered on 9/15/09, 2:07 pm


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