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View Full Version : House was auctioned in CA, how long do my family members have to vacate the property?


hanab413
Feb 16, 2009, 11:49 PM
In the state of CA family members house was auctioned and bought by an investor. Process is complete. I was going to try to “buy the house back” under my name and in the meantime family members were allowed to stay in the home. I was unable to qualify for the loan, so a three days notice was given to family members.

I was not on the loan but I was on the deed, I don’t live in the home (never have), but my name is also on the evection notice because I was on the deed. Will this hurt me credit? Is this legal? Can a judgment reallt be put against me? How long does my family members have to vacate the property?

Thanks for your time and help!

pacific nw
Feb 17, 2009, 06:34 PM
2924.8. (a) Upon posting a notice of sale pursuant to Section
2924f, a trustee or authorized agent shall also post the following
Notice, in the manner required for posting the notice of sale on the
Property to be sold, and a mortgagee, trustee, beneficiary, or
Authorized agent shall mail, at the same time in an envelope
Addressed to the "Resident of property subject to foreclosure sale"
The following notice in English and the languages described in
Section 1632: "Foreclosure process has begun on this property, which
May affect your right to continue to live in this property. Twenty
Days or more after the date of this notice, this property may be sold
At foreclosure. If you are renting this property, the new property
owner may either give you a new lease or rental agreement or provide
you with a 60-day eviction notice. However, other laws may prohibit
an eviction in this circumstance or provide you with a longer notice
before eviction. You may wish to contact a lawyer or your local legal
aid or housing counseling agency to discuss any rights you may have."
(b) It shall be an infraction to tear down the notice described in
Subdivision (a) within 72 hours of posting. Violators shall be
Subject to a fine of one hundred dollars ($100).
(c) A state government entity shall make available translations of
The notice described in subdivision (a) which may be used by a
Mortgagee, trustee, beneficiary, or authorized agent to satisfy the
Requirements of this section.
(d) This section shall only apply to loans secured by residential
real property, and if the billing address for the mortgage note is
different than the property address.

ScottGem
Feb 17, 2009, 07:29 PM
If they don't leave within 3 days, the new owner starts eviction and that process depends on how fast the court moves. Courts are sensitive to this though.

Having you name on the deed may affect your credit. But they can't come after you is you weren't on the loan.