Eviction/Timeline ?? in California

[monkatom]

Could someone please verify what I think is the timeline I am facing and answer a few questions.

Received NOD and have 90 days to answer. At the 91 day mark lender can setup a notice of trustee sale which will take place 21 days later. At the sale if nobody bids (likely) the loan reverts back to the lender and is out of my name and that is the official start date for timelines to get a new loan.
Please confirm?
My question is in regards to eviction. I have read that after the lender takes back the property usually you can live in the home for another couple months before they send you a notice to vacate and the notice to vacate gives you 30 days. If you do not leave at the 30 day mark they can evict you. So what are the consequences of having an eviction on your credit report, how long can you stay after the sale date, and when should I try a cash for keys offer. Ideally I do not want to get evicted so any suggestions? Hoping to stay in home till November and had the NOD filled on April 30.

[dingdong]

If you are the homeowner and not out by the TS sale date,you can get a 3 day notice, they are not required to give you a 30 day notice. If you were a tenant,they would have to give you a 60 day notice.

After the 3 day notice, if you don't move,the lender would have to start an Unlawful Detainer action against you,which can take as little as two weeks. Then if you lose, a 5 day notice from the Sheriff, Day 6 you are locked out and property in home removed.

California law specific.

[monkatom]

Ding Dong can you tell me what code that is? i searched the California civil code and could not find it. I thought it was 3 days as well but read in the NOLO book you got 30 days then they would go to court.

[dingdong]

It is part of the CCCP, I will do a little Googling for you in a bit.

I was a tenant in a house that foreclosed and successfully fought a UD action pro se by the dick head LL that tried to get me out B4 the CFK offer so he could move his son in to get the CFK offer.

The weenie hadn't paid his mortgage for 6 months prior to my moving in and stole my deposit.

I will look and post in a minute.

[dingdong]

In any of the following cases, a person who holds over and
continues in possession of a manufactured home, mobilehome, floating
home, or real property after a three-day written notice to quit the
property has been served upon the person, or if there is a subtenant
in actual occupation of the premises, also upon such subtenant, as
prescribed in Section 1162, may be removed therefrom as prescribed in
this chapter: (1) Where the property has been sold pursuant to a writ of
execution against such person, or a person under whom such person
claims, and the title under the sale has been duly perfected.
(2) Where the property has been sold pursuant to a writ of sale,
upon the foreclosure by proceedings taken as prescribed in this code
of a mortgage, or under an express power of sale contained therein,
executed by such person, or a person under whom such person claims,
and the title under the foreclosure has been duly perfected.
(3) Where the property has been sold in accordance with Section
2924 of the Civil Code, under a power of sale contained in a deed of
trust executed by such person, or a person under whom such person
claims, and the title under the sale has been duly perfected.

[monkatom]

Thanks for the info ding dong. So the CFK offer will come after the trustee sale date but before eviction. Sounds good. Hopefully when doing the CFK I can negotiate a couple of weeks extra stay.

[dingdong]

Typically in a CFK offer the shorter the "extra time" offered, the bigger the cash offer. So they may offer you a two tiered offer, out in 2 weeks,get x amount, out in 30 days, get smaller x amount.

The cool thing is, you don't have to do a deep clean, just take your stuff and sweep.

They don't have standing to evict you until they have perfected the note.

Though a BPO agent may come by before and offer you something in between the TS date and recording the new TD, maybe sooner, just depends on the lender and how busy they are.


You might not even get the 3 day notice for a couple months,it is pretty unpredictable because the lenders are so busy with FCs.

[franken55406]

I have heard of instances were the lender pays the foreclosed owner to move early.. Anyone seen this? I am on my third month of non payment..

[h0usekeeper]

its called cash for keys.

[franken55406]

its called cash for keys.

Any idea on the amount?

I pay $1100 a month including property taxes..

[h0usekeeper]

its an offer from the lenders and the amount varies ($1,000 to $7,000).

[franken55406]

its an offer from the lenders and the amount varies ($1,000 to $7,000).

You're better off staying until the last day, unless you need to leave the state early..

[bulletproof77]

from some research and from personal experience, the average CFK offer in the Southern California real estate market (Dealing with our "friends"@Countrywide/BofA) mind you is around $2500.00