Foreclosure in Concord>Question Details

blonde94518, Home Buyer in Concord, CA

ANY IDEAS ON STALLING A EVICTION FOR A HOMEOWNER BY THE NEW OWNER WHO PURCHASED AT FORECLOSURE AUCTION?

Asked by blonde94518, Concord, CA Sun Jul 29, 2012

HOMEOWNER WAS IN A MODIFICATION WITH WELLS FARGO BANK WHEN THEY FORECLOSED-IS FILING A LAWSUIT AGAINST WELLS FARGO HOME MORTGAGE.

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Dear blonde94518,

A contested unlawful detainer on a former owner can take on average 47-59 days in CA and a contested eviction on a tenant can take on average 67-79 days. This does not account for difficulties serving the complaint, Motions to Quash, Demurrers or other delays.

If the case goes to trial and the judge rules in favor of the landlord the court will issue a judgment for possession. To enforce the judgment the landlord will then obtain a Writ of Possession that directs the sheriff to enforce the judgment of possession. The sheriff will serve a Notice to Vacate the property before enforcing the Writ of Possession.

Filing for bankruptcy could also allow you the possibility of further delays in the eviction process. I am not an attorney and do not pretend to have the knowledge that a legal professional would have for you. I obtained this information from past experiences with other clients as well as reliable sources that are licensed to provide me with an educated opinion.

Hope that helps! Good luck to you.

Diane Wheatley, Broker
diane@moveupproperties.com
1 vote Thank Flag Link Sun Jul 29, 2012
Diane has a lot of good advise, the big thing is to make sure you attend any court proceedings. Also consider this judges would rather have you take your case to a mediator where both you and the evicting party state your case then the mediator suggests what he/she feels would be the most logical move. Case in point - we have a client that is suing the bank for virtually the same reasons, the mediator explained to the evicting party that there may be a possibility that the house could get reverted back to our client, with that said the evicting party gave time.

Good Luck,
Bob Patrick
Buy a home after foreclousre expert
Movin-On LLC
Helping families/people that have lost their home get back into another in as little as 6 months
http://www.buyahomeafterforeclosure.com
0 votes Thank Flag Link Wed Aug 1, 2012
You need to seek legal advice. Contact one in your local area.
0 votes Thank Flag Link Mon Jul 30, 2012
The question you're asking requires legal advise. Extremely few responders on this real estate questions site are licensed to practice law in CA. Suggest you seek legal advice from an attorney in your area.
0 votes Thank Flag Link Sun Jul 29, 2012
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