Legal Question in Real Estate Law in California

Rush to Judgement

At the court hearing for an unlawful detainer on my home, the plaintiff( the mortgage co.) Was ordered to give the defendent (me) 30 days to provide alternative financing to negociate the purchase this real property in CA. I submitted a pre- approval from the bank at approx. day 15 but never was able to get a response from the plaintiff. At day 30 they sent the sheriff and I am now homeless. The house is still vacant and on the market. What should I do?


Asked on 5/15/08, 9:10 am

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Rush to Judgement

You could file a civil lawsuit to unwind the foreclosure sale. However, I seriously question the authority of the court to make such an order. Nevertheless, I have been successful in setting aside foreclosure sales with less that what you have. What is the catch, you may ask? The retainer for a case like this is pretty expensive, and often not worth it unless your home had a large amount of equity.

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Answered on 5/15/08, 10:20 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Rush to Judgement

Have an attorney look into it. I will require looking into the court file.

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Answered on 5/15/08, 6:00 pm


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