patstopbmw, Home Seller in Hayward, CA

My home went to auction no bidders so the bank assigned a Realtor to list for an REO, can he change the locks at will.

Asked by patstopbmw, Hayward, CA Wed Jun 2, 2010

My home went to auction on a foreclosure. The bank has now recruited a Realtor to list the home. The realtor advise me that if I don't move asap he will have the locks change. I assumed the bank must go through a legal eviction with a court date before changing the locks. Can the realtor legally change the lock without going through a eviction procedure?

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7
No...your are now somewhat a tenant that is going to get evicted. So those rule will now apply to you..they have to file a evcition with the court first..you are going to get a 3 day notice..court order but you have (depending on the state you reside) at least 90 days..but take that time to prepare youself before eviction..you dont want that to stop you from renting. Make sure you answer the court order within 30 days. Sometime the Agent will offer you cash for keys is you leave earlier and leave the place in good conditon.
0 votes Thank Flag Link Fri Nov 19, 2010
I suggest you cooperate with the Realtor assigned. They will offer you cash in exchange for keys to the house and leaving it in a "broom sweep" clean condition. You can negotiate with your Realtor to give you time to pack your belongings and leave the property, that now belongs to the bank. Eviction processes involving the legal filing of notice to vacate will only happen if you don't cooperate.

Always available for your questions.

Jane Pacheco
510-791-7644
0 votes Thank Flag Link Sat Aug 14, 2010
Call the Realtor. The Realtor may be able to offer you cash for the keys. You may have to agree to clean the home and yard and remove all of your belongings and be out in about 10 days. At least you'll have a little bit of money to start over.

As of May 2010 I think the bank needs to give you 90 days to move out.
0 votes Thank Flag Link Fri Aug 13, 2010
I was trying to buy a home that was a short sale the exwife refused to let the appraiser into the home, so the home was taken away from my family and myself. Do yourself a favor its not yours anymore move out. People like you make me sick stop milking the system.
0 votes Thank Flag Link Fri Aug 6, 2010
You may want to take a look at this link regarding eviction in California after a property is foreclosed

http://www.realtown.com/articles/view/investors-beware-forec…

Excerpts

The first step in this process is making sure that the new owner's title to the property has been duly perfected. Generally title is duly perfected upon recording of the deed with the County Clerk. In California, title is deemed perfected on the actual date of the sale if the trustee's deed is recorded within 15 calendar days after the sale.

The next step is determining what type of notice to serve upon the occupants of the property. If the previous owner of the property or his or her household refuses to vacate the premises then California requires the new owner to serve them with a Three Day Notice to Quit. This notice requires the previous owner to vacate within three days. If the previous owner refuses to vacate within three-day time period, then the new owner can proceed by filing a lawsuit for unlawful detainer to have them removed from the premises.
0 votes Thank Flag Link Sun Aug 1, 2010
If you are still living there no one can change your locks without going through the legal eviction process. They will have to serve you with eviction and go through the courts to seek an order to evict you, if you then refuse, then law enforcement can remove you. But they cant come in when you are at work and change your locks, you will have a legal and civil case against them.

Now if your house is vacant, they can consider it abandoned and will change the locks and secure the property, they then will have to hodl your property for the legal amount of time, most states are 30 days, they can charge you storage and if in 30 days you dont redeem, they can dispose of it.

Now your best opportunity is to ask for "cash for keys" this is where they will pay you to move within a specified amount of time. they usually offer low amount and quick time but you can counter offer with anywhere from $500 to 2500 and move within 30 days and can not leave anything behind and not damage the property. At least you receive some money to move on.

Please check your state laws for exact times and how the CA eviction policy works. Good luck with working things out
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Thu Jun 3, 2010
Patstopbmw,

It depends on California law....here in Illinois if the home is vacant, we do re-key the locks prior to the foreclosure sale. If the home is occupied an agreement needs to be signed or an eviction needs to take place for a re-key.
Web Reference: http://NorthShoreREO.com
0 votes Thank Flag Link Wed Jun 2, 2010
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