Legal Question in Real Estate Law in California
A house that I owned has been foreclosed on by the bank. What should I expect from the bank now?
Asked on 11/23/10, 8:54 am
4 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Expect a notice to quit followed by an eviction lawsuit. Maybe you can negotiate "cash for keys."
Answered on 11/28/10, 9:59 am
Anthony Roach
Law Office of Anthony A. Roach
You or any occupants of the house will now look at an unlawful detainer suit, unless you vacate the house.
Answered on 11/28/10, 11:13 am
Terry A. Nelson
Nelson & Lawless
An unlawful detainer lawsuit and eviction notice,and a lawsuit for loan deficiency unless this was an original purchase money loan.
Answered on 11/29/10, 12:09 pm
Anthony Roach
Law Office of Anthony A. Roach
Actually Mr. Nelson is wrong on the last part. Code of Civil Procedure section 580d prohibits a deficiency judgment after the lender forecloses non-judicially through a trustee's sale, regardless of whether the note was purchase money or not.
Answered on 11/30/10, 9:37 am