Legal Question in Real Estate Law in California

Eviction from Forclosure

When do you no longer have legal rights to be on your property when home is about to be forclosed on? We have been served with a Notice of Trustee's Sale, form mlgnos (07/01) which gives notice that the house will go up for public auction on 10/31 at 12pm. We have not been served with any order to vacate or eviction notice. We no longer live there but do have a lot of personal belongings and furniture still there. On Tuesday 10/28 the realtor came by to show the house for some reason and we were there loading some stuff up and she had the police come to tell us we were tresspassing and had to leave and if returned would be arrested. The notice we did get clearly states that we must tack action to protect OUR property or it will be sold at an auction. So I don't think the police have the right to make us leave nor the right to arrest us for tresspassing as we have not been evected. Can we safely retrieve our belongings and if arrested do we have any legal rights to take action for a civil rights violation against the local law enforcement or city or whoever? What rights do we still have. :( Thank you for your time.


Asked on 10/29/08, 4:21 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Eviction from Forclosure

The new owner will have to serve you with notice to vacate and then file an unlawful detainer action to remove you from the home. You should contact the person who purchases the house and ask about renting. If they do not want to rent to you then negotiate a date and time for move out of the house.

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Answered on 11/03/08, 12:04 am


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