Legal Question in Real Estate Law in California

Re: Eviction process

I'd guess you have around 20 days from the date of notice to an eviction by the sheriff. Locking you out before completion of the process is not legal...the bank has to get a writ of possession following an unlawful detainer action. The actual time may vary quite a bit, often on the longer side, depending upon how aggressively the bank acts and how busy the court's UD calendar is. I'd be wary of trying to defend against an unlawful detainer on the basis of some toxic condition in the house; after all, the bank was not your landlord and the house was yours, not a rental, so you are (probably) solely responsible for the problems after five years.

Re: Eviction process

To follow up on Attorney Whipple's response, the issues related to the house are absolutely not a defense to being evicted. In fact, unless you can prove to the court that the foreclosure was defective in some manner, you will not have a defense to the eviction action. I'd suggest that you immediately get ready to move. The only other option is to attempt to get a restraining order, however, based on what you have posted, I don't really see any basis for obtaining one.

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Re: Eviction process

You can call email my office to discuss your options. How much time do you need? Can you prove the cause of your wife's illness?

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Re: Eviction process

You can call email my office to discuss your options. How much time do you need? Can you prove the cause of your wife's illness?

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.