Legal Question in Real Estate Law in California
I just received notification from a lawyer stating that I have 3 days to move because my HOA sold my property on 7/26 due to delinquent HOA fees. I recently completed a modification with the bank. Can the HOA really force me out in California?
2 Answers from Attorneys
The HOA would have to go to court and file an unlawful detainer lawsuit against you. That will take some time. Don't ignore court papers you receive. As for the modification, the bank would or should have run a title report and discovered the sale last July. Get a copy of the title report from the bank. Perhaps it's not true that the property was sold. Make the HOA prove it.
Yes, if the property has been sold and you therefore no longer own it, but the process of evicting you actually takes several weeks (at minimum) before the sheriff knocks on the door. There is something very peculiar about the facts and dates you give....one wonders how on earth your bank would do a loan modification on a property that was in foreclosure, much less already foreclosed upon (as youyr facts suggest, although don't specifically state).