Legal Question in Real Estate Law in California

Lost my home

On 12/16/08 my home went up for auction. It was taken back by the Morgage Company Saxson. the house did not sale.I was declared totaly Disable in 2006. They are giving me three week to locate a place and move. Should I have to move in such a short period of time. Are should have more time in order to work on getting my home back. I tried work with them for a loan modification and they turn me down. They also state they may give me a Cash for Keys


Asked on 12/18/08, 11:56 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Lost my home

I am sorry about your plight. It must be very stressful on you, but there may be nothing you can do.

Saxon now appears to have title to your home and can do largely what they want. Are you in a rent control city, as they have additional las that might apply? Will Saxon rent the property to you? Contact some of the disabled rights groups and see if there is special legislation that applies to you. Try some tenants' rights groups and maybe the state fair housing department. But Saxon probably does have the right to give you only three weeks and they will argue that you have known for months that the property would be sold.

Good luck.

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Answered on 12/19/08, 2:04 pm
Terry A. Nelson Nelson & Lawless

Re: Lost my home

If they've followed the rules about repossession, it is now their house. If you think you can prove that process was defective, to consult with counsel to see if they agree and whether anything can now be done that is cost effective for you. That's unlikely, since lenders are heavily regulated, and have attorneys making sure they do it right. Any legal arguments you had should have been timely and properly made during the repossession process.

If you can negotiate something with the lender to keep the house, or stay in it to maintain it for them until sale, do so. Their offer is to pay you to move out, to avoid the risk to them that you'll vandalize the property, and to keep them from spending money to evict you. Don't reject that offer without thought and discussion with them.

Otherwise your only other option is to redeem the property by paying up the loan. Your 'disability' has nothing to do with this, and is no defense.

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Answered on 12/19/08, 2:20 pm


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