Legal Question in Real Estate Law in California

In a non judicial foreclosure, is the bank required to give the owner residing at the property legal notice when the property goes up for auction? There has been no notices except a realtor offering cash for keys but I don't want to sign anything. The bank won't tell me anything at all regarding how long I have before I need to vacate the property. I'm packing up everything but don't want to be locked out before I get moved and without any time frame, I have no idea what to expect. Please help me.


Asked on 10/07/09, 5:45 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Apparently, the property already has been auctioned and you no longer own it. The bank is required to give you a three-day notice to move. If it hasn't done that yet, then it legally can't compel you to do so. Sometimes cash for keys is a good thing, because it gives you money for a down payment on an apartment that you might not otherwise have. The longer you wait, though, the less likely the bank would be willing to give you cash. Once you get a three-day notice, if you don't move in that timeframe, then the bank would file an unlawful detainer (eviction) lawsuit against you. You would file an answer within five days, then a trial could be set in a couple of weeks. The sheriff would come to evict you (if you lose the case) a few days later.

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Answered on 10/07/09, 10:46 pm


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