Foreclosure in Lompoc>Question Details

Kathysue, Home Buyer in Lompoc, CA

We received a 3 day notice to quit that was taped to the front door. Noone ever knocked on our door. Our home has been in foreclosure for a year now

Asked by Kathysue, Lompoc, CA Sun Jan 31, 2010

I called the bank on the notice and asked if we could get more time. He said that after the three days, you will have about 15 days total to get out. I spoke to someone, and they told me to ignore the notice because it was not a certified letter. Is this true? Or can it be taped to the door and then served with an unlawful detainer that would probably be served. I dont know what to do. Get an apartment now, which is hard to do because we are going to have to downsize from a four bedroom house to a two bedroom apartment. We still need time.

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Answers

7
Stop playing lawyer.

If you want legal advice, hire a lawyer.

But, please: You've been in foreclosure for a year. A YEAR. A notice was taped to your front door without someone knocking. Does knocking make it legal? Look: Many people who are in foreclosure and are getting evicted are hostile. You think the person serving the notice was interested in knocking and facing someone hostile? No way. They did what they were supposed to do. They served the notice. And you got the notice. So it worked.

Don't play games. What if they knocked twice, in violation of Tony Orlando's directive to "Knock three times"? (Sorry, it's a song from the 1970s!) They served the notice.

As for certified mail, that depends on your local laws and on the contact provisions in your mortgage. But it appears you aren't contesting that you've been in foreclosure for A YEAR. You aren't contesting that someone put a notice on your door. You spoke to someone in the bank who probably gave you very good advice. Then you vaguely speak to someone (A co-worker? A friend? Your beautician?) who, playing lawyer, tells you that it doesn't count because it wasn't a certified letter.

You don't know what you're going to do. Fine. You've had an entire year to think about it. But you still need more time. You have, according to the bank, about 15 days.

Let's narrow down the options, shall we? First, go out and get a lawyer. Perhaps the process can be delayed.

Next, start searching for apartments. It may not be too easy because, having been in foreclosure for a year, your credit probably isn't all that good. On the other hand, if you haven't been paying your mortgage in a year, you may have some money saved up. So, use the first $500-$1,000 on a lawyer. Then search for apartments.

As for downsizing, there's Craigslist. Or rent a storage unit. Or give the stuff to relatives. Or to charity. (The Salvation Army ought to be near the top of your list.)

But it's time to get serious about the situation. And whether you have 15 days or a bit long, the clock's ticking.
2 votes Thank Flag Link Sun Jan 31, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Kathysue,

Your home has already been sold at auction ?

Let me know.

Getting your home back may be within our purview.

Are you wanting to keep your home or sell it and make money off of it ?

To stay, you will need some financial capibility.

Do you all have a source of income ?

Thanks,
Alan D. Gross
1 vote Thank Flag Link Mon Feb 1, 2010
Kathysue,

While I agree with the tone and character of most of the posts here, you do have some rights. You can seek the advice of an attorney for details.

I simply advise that you have a plan ready for the bank, let them know how much time you require (usually less than 2-4 weeks is normal) and get out. You can force the matter but it just gets uglier and potentially more costly to you.
Web Reference: http://bob2sell.com
1 vote Thank Flag Link Mon Feb 1, 2010
HI Kathysue,
While it is unfortunate that you have had your home foreclosed upon, You really need to understand that the world does not owe you. You appear to have been able to live rent free for a year and i am sure close to two years. What bothers many people, is that they don't get to live rent free. Let's face it, I have to pay each and every month and that helps the economy go around. Living rent free by not paying is a luxury in California that law makers in this state have made to help protect people in your situation. In Texas from what I have heard, you get 30 days from the day you didn't make your payment. If you miss the rent payment the the sheriff is at your door in 3 days and you are out. So My suggestion is this. You should have had an exit strategy all along. This didn't creep up on you. There are some government links on this site that may help you. http://www.southern-california-home.com


Harold Sharpe
So Cal Homes Realty
http://www.southern-california-home.com
1 vote Thank Flag Link Mon Feb 1, 2010
After a year not paying your mortgage and knowing foreclosure was coming you need more time?

Did you expect you could just live there forever not paying? You were given 18 days. that is about 8-9 months more than I think you should have expected to get.

It is time to get a storage rental and a truck. Move everything into the storage bin. Find a place to live then just move out.

There is a price in this world for every action we take. You are finding the consequences are finding you now. I am sorry, but that is the simple fact of the matter. Move your stuff, move yourself, and start again elsewhere. If worse comes to worse, get a weekly rental at a motel. It is not polite, but can be done reasonably in many areas.
1 vote Thank Flag Link Sun Jan 31, 2010
Taping to the door is acceptable in California. The next step is an unlawful detainer suit, however, there might be an opportunity for cash-for-keys arrangements. I'd call your lender and see if this is an option, otherwise, someone should be coming to talk to you and ask you to leave. See how much time you can get if you cooperate. If you are being served a 3 day notice to quit, your house has already been foreclosed on. You should have received a notice of sale which indicated what day your house was to be auctioned.

Ryan Gerding
PMZ Real Estate
Manteca, CA
(209) 495-1996
http://www.ryangerding.com
Web Reference: http://www.ryangerding.com
1 vote Thank Flag Link Sun Jan 31, 2010
Kathy Sue when I have to do an eviction I just tape the 3 day on the door. Legal in my state but you may want to talk to an attorney for adise in your state.
By the way the person that told you to ignore it is going to replace all your property that is in the house when they do the set out right?
1 vote Thank Flag Link Sun Jan 31, 2010
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