Foreclosure in 95828>Question Details

Alicemltn, Home Buyer in Sacramento, CA

MY HOME IS BEING FORECLOSED ON IN 2 DAYS HOW LONG DO I HAVE TO MOVE I LIVE IN NH

Asked by Alicemltn, Sacramento, CA Wed Sep 12, 2012

Help the community by answering this question:

Answers

5
Bruce Slaton’s answer
This would better be posted in New Hampshire as California has different laws regarding evictions and it can be different even down the counties

Maybe this link could assist you: http://nhlegalaid.org/EvictionProcess

Best of luck

Bruce Slaton
Realty World eCurb REALTORS
1 vote Thank Flag Link Wed Sep 12, 2012
Sorry for you loss i hope everything is ok by now
0 votes Thank Flag Link Wed May 29, 2013
I thought the state originally said New Hampshire, I see it is now changed to Sacramento. Now that I read it in Sacramento, I'll elaborate..lol

Assignments are usually given to REO agents the same day of the auction or the the day after, anticipate the Listing Agent responsible for the property to visit the property within a few days to determine if someone lives there. Remember relocation is offered in exchange for the bank to get the property back in a shorter time than they would by going through the eviction process so if you need longer to move, relocation may be off of the table if longer than 30 days or will be reduced.

Relocation can also be in stages, a higher amount for two weeks, a lower amount for 30 days and usually nothing after that.

Owner occupants in CA receive a 3 day notice to vacate, the notice will usually be in multi part to cover in case there is a tenant. I see owners claim that their sister or daughter living in the home constitutes a tenant but it has to be a bona fide tenant, at arms length meaning no relationship and the owner not living there.

After the 3 day notice expires, you'll usually get a relocation offer from the bank through the listing agent, keep in mind the listing agent posts all of the Know Your Options letters on your door and is your main point of contact. Do not believe your neighbors or friends who have gone through it, they always leave something out and tell you how they got 10K in relocation etc but it varies on the loan portfolio and the anticipated resale value of the property and in reality is usually in the $1500-$2500 range and beyond that its easier for them to allow the eviction instead.

Do not remove anything from the property that was there when you purchased it...ie do not remove the stove even though you replaced it years ago...the refrigerator if not built in is fine...anything hard wired should remain in the property. Do not remove fixtures, lighting or doors etc. They will be expensive for you as relocation will be denied on the day they are supposed to show up and usually not re doable.

Do NOT stick all of your trash on the street, it creates a liability for the bank and they will consider it a violation of the agreement. The trash cans should be able to be closed, most banks allow them to be a max of 2/3 full to be considered as acceptable.

We recently had a $7500 relocation sent back to the bank because the occupant removed the dishwasher and stove and had trash remaining on the side of the house. We ended going through the eviction process because the property was not turned over to us and they ended up with an additional judgement against them for the rental value from the Trustees date to the day the property was vacant.

Keep in mind the listing agent works for the bank and they are not your friend BUT their goal is to represent the banks interests and get the property back in an acceptable manner. Nobody wants to go through the process of an eviction and being I have been at well over 100 eviction hearing since 2008, I can tell you if you have expectations of an judge being sympathetic, they are really there to make sure the notice happened properly and beyond that they in most cases find for the bank on the day of the hearing. The listing agent is only the conduit so working with them can work to your advantage but requesting things like longer time in the house is not usually realistic when asking for relocation.

As I always tell occupants, the best scenarios are when the occupant has a plan when the listing agent arrives. Start looking for a rental and if you have date you can be out on the day the listing agent visits, it will make the process much smoother.

Best of luck

Bruce
0 votes Thank Flag Link Thu Sep 20, 2012
In two days they will hold the Trustee Sale: Correct?
The Bank will probably retain the property.
In 2-5 weeks, their Listing Agent will knock on your door:
They should offer you Cash-for-Keys; between $1000 and $3000,
You have to sign a Contract,
You will be out within 30 days,
You won't take anything, or damage anything,
you will get the money after you move.

Good luck and may God bless
0 votes Thank Flag Link Thu Sep 20, 2012
Perhaps he meant North Highlands, Bruce. :)

The move time varies depending on the lender. They typically will contact you and work something out. You might want to google "cash for keys."

Elizabeth Weintraub
Broker-Associate #00697006
Lyon Real Estate
0 votes Thank Flag Link Thu Sep 20, 2012
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer