Legal Question in Real Estate Law in California

Re: House has been forclosed and reverted to bank

I truly am so sorry to hear of your troubles. To answer your question, a bankruptcy will delay your having to move, but not for a tremendous amount of time. Second, and more importantly, if your sole or primary reason for filing bankruptcy is to simply delay the eviction, then the bankruptcy could be seen as being abusive, and penalties can be imposed ranging from monetary fines, all the way up to jail time. One thing is sure. If you do nothing (including not agreeing to move like the bank has asked), then the bank must first complete the trustee's sale. You did not indicate a date for that, so I can't give you any timing for the sale. At that time, the bank (or a buyer at the sale auction) will own your home, and you now are subject to eviction by the bank or new owner. Banks will generally have to serve you with a 30 day notice to vacate before they can actually file an Unlawful Detainer lawsuit if you don't move. Once served with that lawsuit, you have five days to file an answer - DO FILE AN ANSWER TO THE LAWSUIT as it will force them to take it to trial. That can take a few weeks. After the trial, assuming they get a judgement for possession of the property, the Sheriff or Marshall will post a notice on your door within 24-48 hours, giving you five business days to leave. Leave before the Sheriff or Marshall has to lock you out - that would be too stressful for you both. You can see, however, that you have some time to find new housing and move. You might also wish to contact a lawfirm (if the Trustee's Sale has not yet taken place) to review your loan to see if there are any irregularities which might allow you to challenge their foreclosure. I don't have a good referral for you, but do some searching, in particular for something called the "produce the note defense." Again, please know that anyone who has read your post wishes you the best of luck in finding a place to live.

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