Legal Question in Real Estate Law in California
WRIT OF EXECUTION - we went to UD court last week and the agreement with our lawyer and opposing counsel is 30 days from September 24th. The judge asked both parties and we all agreed. Today, Writ of Execution was posted to our door, with a date of October 5th, 2010 @ 12:01AM. That's not what we agreed at the court. How can I fight this? FIrst off, Aurora Loan Services foreclosed on our property without our knowledge while working on load mod.
1 Answer from Attorneys
Was this agreement put on the Court record in the form of a stipulation? It doesn't sound like that was handled properly. You need to call the attorney for the bank and insist that he withdraw the writ. You also need to tell your attorney to immediately resolve this as he should have insisted that the agreement be reduced to a stipulation and entered on the Court record. Alternatively, you may need to file a motion with the Court to enforce the stipulation you reached, but again if it was not put on the record in Court, you may be completely out of luck. Contact your attorney - this could be a simple error on the part of the bank, but you have five days from the date it was posted to get it resolved, or get evicted.
As for the foreclosure, it's too late at this point to fight that - your right or redemption has expired, and unless you file suit to set aside the foreclosure, you've lost the home forever.
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