Foreclosure in San Jose>Question Details

marisawellman, Renter in San Jose, CA

Can I stop this unlawful detainer? And how do I purchase this home from them and at the forclosure amount?

Asked by marisawellman, San Jose, CA Wed Aug 22, 2012

I have court today @ 9:15 to evict me from my home that I have tried and wanted to purchase from the mortgage company before they forclosed on it with the previous owners.

Help the community by answering this question:



If you've tried and they have refused what you can afford you are probably out of luck. If it has already been foreclosed upon, then you will meet the new owner at court. Then you can ask him if he is willing to sell to you or if he is willing to rent and at what price. If his intention is to move into the home, then you are most likely out of luck. If he is willing to entertain an offer, then you both need to tell the judge that you are both now trying to negotiate an offer and ask for a 60 day continuance. If you work out a deal in the meantime, the current owner will have to dismiss his action as of close of escrow. If no deal is worked out, then you need to move out before the date set for the continued hearing.

If you are out of luck, you can request an extension of time in which to organize yourself to move out. Usually new landlords will grant this and you can negotiate the extension right there. If the new landlord is unwilling to negotiate, then you can plead that need for time to find a place to the judge. Usually this will get you two weeks.

The above is not rocket science. If your intention is to stay just to stay as long as you can, then you need an attorney to come up with some sort of argument on your behalf. In that case, you need an attorney in less than an hour. A little late to start looking for one.

Whatever happens, make sure you are in court by 8:45 a.m. to check in with the clerk. The judge will probably be hearing ex parte matters in chambers while the clerk is getting her list of people who are showing up for hearings like yours ready to present to the judge at 9:00 a.m.

Mitchell Pearce
2 votes Thank Flag Link Wed Aug 22, 2012
Unlawful detainer is court process. You should get an attorney like others have suggested. If you should get yourself educated, you can refer to the overview from the CA Dept of Consumer Affairs here.
1 vote Thank Flag Link Wed Aug 22, 2012
I agree with Charles and I would have given you the same excellent advice.

Good Luck,

Jim Guido,

Realty World/Blue Property Group
Cell: 408-472-2074
DRE# 00700635
1 vote Thank Flag Link Wed Aug 22, 2012
Good luck! Mitchell is spot on with his advice. You've waited a bit too long to ask for real help. Hopefully, an attorney can assist you today.
1 vote Thank Flag Link Wed Aug 22, 2012
Has the house has already been foreclosed and now you have received noticed from the new owner that you need to move?

In any event Mitchell gave you sound advice. Go to court.
Web Reference:
1 vote Thank Flag Link Wed Aug 22, 2012
I agree with Charles he is spot on, you need an Attorney NOW!!! nothing else will do, so do as he has recommended.
Good luck to you,
At your service,
1 vote Thank Flag Link Wed Aug 22, 2012
I agree that an attorney is going to be the only solution here.
1 vote Thank Flag Link Wed Aug 22, 2012
Thank you:

You need an Attorney now!!!

Only an Attorney can help you with this.

If you do not have an Attorney, I recommend that you call the Legal Aid Society for Santa Clara County

The Legal Aid Society has an excellent housing section.

The contact information for the Legal Aid Society is: (408)283-1535

Thank you,
Charles Butterfield MBA
Real Estate Broker/REALTOR
American Realty
Cell Phone: (408)509-6218
Fax: (408)269-3597
Email Address:
1 vote Thank Flag Link Wed Aug 22, 2012
i would contact
0 votes Thank Flag Link Wed Jul 17, 2013
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