Foreclosure in Sacramento>Question Details

Lee Ann, Other/Just Looking in Sacramento, CA

How long can you stay in your house after trustee sale?

Asked by Lee Ann, Sacramento, CA Thu Jun 19, 2008

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7
If you don’t leave by the deadline set out in the termination notice, you must be personally served with a summons and eviction complaint (the new owner must go to court to get you out).

You have the right to contest the eviction complaint before a judge (by filing a formal written response to the eviction complaint). 


After notice and a hearing, the court issues an eviction judgment.
 The court issues an order giving you a few days to move before the sheriff is allowed to remove you. (Except in a few judicial foreclosure states, the court order authorizing the sale also authorizes the sheriff to evict you after the sale, after a required brief notice is served on you).

Once you receive and Unlawful Detainer you have only 5 days to answer. if you don"t answer then the landlord can file for a default judgement, get his writ of possession, notify the sheriff's and in a matter of a month or two you could be faced with a lockout.

You have a few options as a homeowner to delay your eviction.

It's extremely important to get representation in these matters since a good legal team can protect your interests.

If you are personally faced with this situation, please feel free to call or email me and I will be glad to assist you.

Please click this link to know the process to help delay your eviction.
http://surmountmortgageservices.com/evictiondelay/
1 vote Thank Flag Link Thu Jan 17, 2013
Are you a renter or an owner? Actually, it doesn't really matter. The lender most likely will need to evict you if you maintain control of the premises after a Trustee's sale. Some people hold out for what is called "cash for keys." Meaning the lender will pay you to leave because it's cheaper than an eviction process.

You should contact a lawyer for advice, because real estate agents can't really give you legal advice. I will tell you I've seen some owners stay in the property for several months. And in the climate we are experiencing in Sacramento where lenders (REOs) can't even figure out how to promptly put a home back on the market within days or respond to an offer when it's received, I'd venture to guess that you have quite a bit of time after a sale. One owner I know stayed in the home for six months.

It depends on how backlogged the lender is, how aggressive the new listing agent cares to be, and whether there is any urgency to the matter.

If you want to play it safe, move out within a couple weeks. If you are a risk taker -- and let's face it, you have little else to lose after a foreclosure -- you might want to play the odds.
1 vote Thank Flag Link Thu Jun 19, 2008
You really should try to be out before the Trustee Sale...but it is likely that within a week or so of the sale you will get a knock at your door from a bank representative or asset management company rep telling you have just a couple days to leave. :-(
Web Reference: http://www.erinattardi.com
1 vote Thank Flag Link Thu Jun 19, 2008
Erin Stumpf, Real Estate Pro in Sacramento, CA
MVP'08
Contact
Hello,
You need to contact the TRUSTEE of sale after the sale date to find out who bought the home or if it went back to the bank, then contact them and try to work something out. I am in the same situation and did call the trustee and was told that I did not necessarily have to move before the sale date and to call them back the day after to see who bought the house 99% of the time it goes back to the bank. Maybe you can work something out with them.. as some of the others have said (cash for keys) or tell them you will be out at a specific time.. again they want the house in clean condition and it benefits them rather than having the place trashed.. just to be safe get a storage unit.. I have and most of my things are there pending the sale.. I broke my hip 3 weeks ago moving and have been set back a bit.. so I will ask for time or if you get the unlawful detainer answer it and state why you would need time etc..
again good luck we are all swimming in the blood bath called
real estate and the scam's they have done to all of us.
0 votes Thank Flag Link Sun Aug 17, 2008
Here is a problem that occasionally happens to people who continue to live in houses after the trustee sale.
Rare, but it does occasionally happen:

Bank or new owner hires some outside source to "secure" the property. Most of these outside sources are legitimate business people.

A very tiny percentage of the "clean out " specialists are not legitimate. If the contract to "clean out" is given to a criminal, the criminal will "clean out" the previous occupants furniture, including valuables as well as trash.

So if you are one of the unlucky victims, you may find yourself furnitureless as well as homeless.
If you do try to stay on, please secure your treasured and valuable possessions elsewhere.
0 votes Thank Flag Link Sun Jun 22, 2008
Jim Walker, Real Estate Pro in Carmichael, CA
MVP'08
Contact
This depends somewhat on who bought the home... the bank or a private investor.

Typically the bank will offer you a Cash for Keys agreement, where they offer you a small amount of funds in return for your agreement to move out as of a specific date (typically 30 days after you are contacted) and your agreement to leave the home in "broom clean" condition.

If someone other than the bank purchased your home, then you can still attempt to negotiate a move-out date and possibly some funds to help you move out. Most investors would rather have occupants move out with the home in good condition than risk having them damage the home during a hasty move-out.

Either way, it's best to start getting ready to move by packing and clearing out items that will not go with you to your next home.
0 votes Thank Flag Link Fri Jun 20, 2008
I guess it's a matter of ethics here, and not being forced out of home that you are not paying to maintain.
Second, assuming the foreclosure happened for reasons outside of your control, you may want to have some control over when you move your possessions and find another place to call home. It would be a lot less stressful.

If you are waiting for the knock on the door you will have less than a week in order to move out.

It's not an easy time for you, and the only consolation, if it is one, is that you're not alone. I wish you the best of luck.

Sue Archer
Realtor, GRI, ABR, SRES
The Galster Group
(916) 847-9686
Web Reference: http://www.suearcher.com
0 votes Thank Flag Link Fri Jun 20, 2008
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