Legal Question in Wills and Trusts in California
I apologize in advance for this very lengthy posting. I'm a 34 y/o single male living in a 1400 sq 3bd 2 bath home in Vallejo, CA. I began renting a room from the original owner (my best friend) on a month to month basis beginning June 2007. The house was foreclosed upon mid June 2010. The following month the original owner started Ch.13 BK proceedings. Unfortunately he died in Oct. 2010. His case was eventually dropped, obviously for non payment to his BK attorney, but the process temporarily froze foreclosure proceedings.
I am 1 of 3 beneficiaries to this estate. I have absolutely no money or credit to have tried to save the house from foreclosure myself. The executor of the estate filed with the court to get the original owners death certificate, which was subsequently released December 2010. He, and the other two estate beneficiaries want nothing to do with the estate, as it is very much under water, and have since completely walked away from it. No one including myself has ever been in contact with the original trustee, the original owners creditors, or anyone involved with this estate.
Last month (June '11) the trustee, (Ndex West LLC) posted notice of the home's auction date on the door. Today (July 27, 2011) the purchaser (Blue Mountain Mortage) posted a '2nd and final notice to respond' within 3 days, on the door. I've never received a 1st notice, and the 2nd doesnt even have the 'proof of service' portion filled in or signed.
I am very concerned because I lost my part time job in April, just started the unemployment process, and have no funds in the meantime. For the past 9 months, I've just been living alone here in the house that has all of the original owners household furniture/appliances, and wall to wall garage storage, fully in tact. Seeing as the estate never went into probate, what rights do I have as a tenant, and are there procedural responsibilities that must've been or should still be at least formally addressed with respects to my beneficiary status of the estate? What should I do next?
Signed,
Uncertain 1
2 Answers from Attorneys
The critical fact you state is that your deceased friend left no assets (the estate is insolvent) and the house is in foreclosure. The mortgage holder will sell the house at auction. The new owner will give notice to quit the premises and, if you don't, will begin an unlawful detainer action in court to have the Sheriff remove you from the house. You will have about two months, rent free to find a new place to live once the process starts. You may be able to negotiate "get lost" money from the new owner so he does not have to take you to court to get rid of you. Probably, at least, a few thousand dollars. If you decide to not take the money and move out, the unlawful detainer action and judgment will be on your record and it will be tough to get a landlord to rent to you. Hopefully, by then, you will be collecting your unemployment checks and will be able to rent a room someplace.
You should contact the public administrators office of your county to probate the estate (if they will). The process may net you some unknown assets. You are not responsible for your friends debts. Good luck.
Your post is confusing. You first state that foreclosure occurred last year (2010) and then state that the foreclosure is going on now (2011). This may be a typo, but it central to resolving your question. I suggest calming down, and reposting in clear careful terms. Specifically, when was the trustee's sale, and when was the trustee's deed upon sale recorded?
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