Legal Question in Real Estate Law in California

foreclosure

I lost my home in a foreclosure to my brother and he has consistently violated my right to retrieve my personal property. He claimed it was abandoned and had it removed from the site. Some of it I actually took out of a dumpster in front of the house. (I have pictures). Now he is asking me to sign a no recourse waiver of all my rights to reclaim any other personal property remaining on the site. They have only partially removed my belongings and claim they will only move the remaining items if I sign the paper. They are threatening that I will lose everything, including the stored items if I don't sign the waiver. Basically, I would be waiving provisions set forth in Cal Code of Civil Procedure sections 1980 through 1991 and the application of Civ Code Sec 1542 and 1654. I need help and am essentially homeless now trying to regain my personal posessions. Can you please advise me or recommend a local resource in Santa Rosa, CA. Thanks. I can fax the letter if appropriate.


Asked on 10/29/07, 8:37 pm

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

Re: foreclosure

You might check with Legal Aid and/or the county's Bar Assn. referral service. They should have given you 15 days to get your property out and set a firm date to do so. They've converted your property, and you are entitled to recover money for that. But, first things first. Get yourself a lawyer in Santa Rosa to help you. You might also contact a law school. Maybe some seniors or law professors could help you with your situation.

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Answered on 10/29/07, 9:24 pm


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