Legal Question in Real Estate Law in California

In October we received a notice that they were going to foreclose on our home. We quickly moved out into my inlaws home to discover they postponed the sale. In the meantime we moved back in due to the fact my in law is in a 55+ community and we cannot reside there. However when returning we set up the basics. Our bed up stairs and some toys for the kids. They ended up foreclosing on my home on 12-21-09. This morning I went to the store and returned to see a letter posted on my front door stating to call the realtor to lease the home or for cash for keys. When I called he stated the home is vacant. It is not vacant I told him. He said well we looked through the windows and didn't see anything downstairs adn we are rekeying it today. I informed him not to do this beacuse I'm living in it. Several hours later the locksmith showed up. I told him I was never served an eviction. He called the realtors assistant and she appologized. The lock smith left and the realtors assistant called back within minutes telling me she was on the way to photograph the interior of my home. I said no. I then emailed the realtor and stated that I will move out but I need a few weeks. Fannie Mae also instructed me to call the police if he tries to lock me out again. I'm afraid to leave since my home is limited on contents I'm afraid this guy is going to change the loacks. Fannie Mae told me there is a Moretoreum in Ca until the end of Jan. What should I do if he locks me out?


Asked on 12/24/09, 12:06 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It is improper to change the locks on anyone without going through the legal processes of serving a three-day notice and obtaining a judgment for possession from the court. If you're planning to move, anyway, you might want to avail yourself of the cash-for-keys option if it's still being offered, and get a specific move-out date in a written agreement.

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Answered on 12/30/09, 1:27 am


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