Foreclosure in Guadalupe>Question Details

Maria, Other/Just Looking in National City, CA

after a forcloser how long does a person have to move out of there homes after sold

Asked by Maria, National City, CA Wed May 18, 2011

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Hi Maria, the following should help in regards to your situation (from the CAR website):


In May 2009, the federal government enacted the "Protecting Tenants at Foreclosure Act" giving tenants new protections, such as the right to stay in their homes for at least 90 days after receiving an eviction notice. While state and local laws also contain strong protections, unlawful evictions and harassment of tenants continue.

Tenants should know their rights under the law. These rights include:

-Tenants cannot be required to move out of their homes for at least 90 days following an eviction notice.
-Tenants can insist on staying until the end of their leases. The only exception occurs when the new owner of a single-family home wants to move in.
-Tenants can require banks and their agents to put all communication in writing.
-Tenants are not obliged to accept "cash for keys" money to move out sooner than the law prescribes.
-Harassment, such as improper entry into a person's home, shutting off water and lights, or changing the locks without a court order is illegal.
-The above rights extend to tenants living in government-subsidized Section 8 housing, who may also have additional protections under state and local laws.
-If a city has a just cause for eviction law, a landlord must have a specific reason to evict a tenant, and foreclosure may not be recognized as a legitimate basis for eviction. Tenants should check local ordinances.

Sixteen cities in California have just cause for eviction ordinances: Berkeley, Beverly Hills, East Palo Alto, Glendale, Hayward, Los Angeles, Maywood, Oakland, Palm Springs, Richmond, Ridgecrest, San Diego, San Francisco, Santa Monica, Thousand Oaks, and West Hollywood.

[End Quote]

If you believe you are being treated unfairly you can file a complaint with the Attorney General's Public Inquiry Unit at

Best, Steve
0 votes Thank Flag Link Wed May 18, 2011
You should call the bank directly and ask them their policy, if it gets sold back to the bank. The time frame can vary. Or, you can speak with the new owner directly, or an attorney to work something out with the new owner.

My advice would be to do a short sale and keep foreclosure off your credit. You could live there while we process the short sale. We are a professional short sale service and would be happy to explain the process to you. Please call us directly to discuss your specific situation. Our services are FREE to homeowners. We look forward to hearing from you.

Eli Givoni, Director
Short Sale Department, LLC
Serving all 50 states

MARS Disclosure for General Commercial Communications
Short Sale Department, LLC is not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan. If you stop paying your mortgage, you could lose your home and damage your credit.
0 votes Thank Flag Link Wed May 18, 2011

Once the bank has forclosed on the property and decides to sell it, anyone occupying the property will have 90 days to vacate. You will want to talk with a Realtor who specializes in National City, as local laws may change the amount of days requried for notice.
0 votes Thank Flag Link Wed May 18, 2011
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