3 Day Notice to Quit

[jacksjean]

I filed for BK 7 in December 2010. Discharged and closed 4/2011 (home was included in bankruptcy). Moved out 4/2011. Received NOD in June 2011. Received NTS in September 2011. Home became REO in October 2011. A few days ago I received a 3-day Notice to Quit. In googling this, it appears I am being evicted. Is this correct? I really don't need an eviction on my record/credit, especially with the BK7. The property is obviously vacant (lawn overgrown; propaganda strewn around the front door). During the past 13 months, I have not spoken one word to either the mortgage company, the servicer nor the trustee handling the foreclosure. The Notice to Quit does not say to call anyone. The top half addresses previous owners and instructs them to vacate the premises immediately; the bottom half addresses tenants and their 90 day time period. Anyone's thoughts, please? Should I be responding to the trustee to ensure I'm not evicted?

[AngelinaCatHub]

Here in FL I have noted notices of "This property appears to be vacant, if not call ZZZ ZZZ ZZZZ " I believe you got s similar since you have not lived there for some time. I would send to your mortgage company, CC to the Sheriff, and all you can, that you do not understand this communications, and that you expect no further action. Perhaps a copy of your discharge and green card everyone. That would be what I would do and also ask your lawyer of course. 'Hub

[debee]

The 3 day notice is what they nail to the door before filing the eviction. It's not an eviction.

The parties named on it have to pay up or get out in that time period. If they don't, then the owner can start the eviction/unlawful detainer suit. The 3 day notice is the legal hoop they have to jump through before they can evict someone in CA.

It sounds like it's an automated process with them. It might be easier and more cost effective for them to just post the 3 day notice on the front door of all the foreclosures they handle whether the house is occupied or not.

In order to evict someone in CA, you have to serve them first. If an eviction process is ever started against you, you'll be served a summons. There'd be a judge and you'd be able to say, "Uh hello, I don't live there."

But since you're not even named on the 3 day, I wouldn't worry about it.