Legal Question in Real Estate Law in California
Notice Of sheriff Sale
Pending for 05/13, 10:00 a.m. case # 06C01817 Compton. An unsecured credit card debt is going to force the sale my home which has been homesteaded. I am a 73 year old senior on ss. Question ; how can this be???? What would be the most inexpensive way to dispose this matter? Bankruptcy seems too very hostile, it would delivery into the hands my supposed creditors. How can one be forced to sale for an unlikely credit card debt, thanks for your answer. Home 310 603 8863 Cell: 310 489 2790
3 Answers from Attorneys
Re: Notice Of sheriff Sale
Various facts are missing from your posting. There can be no foreclosure from an unsecured debt. The credit company first had to get a judgment and then could get an order to enforce their judgment. A portion of any equity you have in the home is protected by the homestead laws [about $85,000]. Did you owe the credit card debt; did you fight it in court or let your default be taken? Default judgments can be set aside.
You might want to call KGO radio and speak at noon time to Len Tillmen who handles senior law and other questions; he also answers e-mails.
Re: Notice Of sheriff Sale
That needs to be stopped. Contact me directly.
Re: Notice Of sheriff Sale
If there is already a notice of Sheriff's sale, that means there is a court civil judgment against you. If you allowed it by default, you'll have to file a timely motion to set it aside, if you have valid basis to do so, and then fight the case like it should have been in the beginning. If you did fight it and lost, then you could appeal, but that is extremely costly. The simple and quick way to stop the sale is to pay the debt/judgment. It might be cheaper than the legal fees and costs to fight it. It may be possible to negotiate a discount or a payment plan. If you're serious about hiring counsel to do these things, feel free to contact me.