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    hanab413's Avatar
    hanab413 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 16, 2009, 11:49 PM
    House was auctioned in CA, how long do my family members have to vacate the property?
    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's Avatar
    pacific nw Posts: 117, Reputation: 11
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    #2

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    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.

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