Legal Question in Real Estate Law in California
My home has been foreclosed on, it goes up for sale on 1/31/12. I just received notice on 1/6/12. I am an over the road truck driver and have to leave on a load 1/8/12, normally this means I wouldn't be back till March. My question is this: After the sale how long before I have to move out? or how long till they can legally force me out?
Thank you
3 Answers from Attorneys
You can instantly stop the foreclosure by filing a bankruptcy petition. Attorneys can do this electronically. Whether or not this would help you in the long term would require a closer look at your finances.
To answer your question directly, they can begin eviction proceedings immediately after the sale. Once the trustee's deed upon sale is recorded, the sale is deemed to have been perfected. They then serve you a three day notice to quit the premises. Once the three day period in the notice expires, they can file an unlawful detainer proceeding against you, to gain possession of the premises.
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