Quality of Life in Roseville>Question Details

Sharont, Other/Just Looking in Roseville, CA

I was evicted by police and previous owner in one day. It was on July 5 2010. The owner had foreclosed and sold to Saul Wright an LLC. He has since

Asked by Sharont, Roseville, CA Tue Jun 1, 2010

passed away. Who do I sue??

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I am sorry this happened to you. Althought you said it happened 7/5/2010, I am assuming that it actually happened last year. This is a legal question and can only be competently answered by a licensed CA attorney. Even if there was actionable wrongdoing, you have to take appropriate action within certain time limits. If you plan on pursuing this, you should at least get a consultation immediately. Not sure why you waited nearly a year.
0 votes Thank Flag Link Tue Jun 1, 2010
Ute Ferdig -…, Real Estate Pro in Newcastle, CA
MVP'08
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Hi Sharon, I am adding another vote for getting in contact with a RE Lawyer. Assuming you lived in CA at the time (and the date above should be 7/5/09) a 60-day notice MAY have been required.

On 7/8/08 California enacted Senate Bill 1137 providing certain protections to homeowners and tenants facing foreclosure (law will sunset on 1/1/13 if not extended).

SB 1137 adds section 2923.5 to the California Civil Code for non-judicial foreclosures in California. With certain exceptions, for loans made from January 1, 2003 to December 31, 2007 on owner-occupied residences, some of the more significant changes include the following requirements:

Senate Bill 1137 also adds section 2924.8 to the California Civil Code. It states that, upon posting a Notice of Sale, a lender’s trustee or authorized agent of a must notify the resident in English and several other languages, that the foreclosure process has begun, that a sale is twenty (20) or more days away, and that if a tenant that he or she may receive a sixty (60) day notice of eviction after sale, unless other laws apply. The notice must also advise the resident to contact a lawyer, legal aid, or housing counseling agency to discuss any rights he or she may have. This notice requirement applies to residential real property if the billing address for the mortgage note is different than the property address.

A portion of the Senate Bill amends California Code of Civil Procedure §1161(b) and provides for a 60 day written notice to quit, pursuant to California Code of Civil Procedure §1162, before a tenant or subtenant of a rental housing unit may be removed from the property by a foreclosing lender or successful bidder at a foreclosure sale. These provisions of the statute will not apply if a party to the note remains in the property as a tenant, subtenant, or occupant. In that instance, the foreclosure sale purchaser may serve a three-day notice to terminate.

You will need a lawyer to dissect your situation in order to determine whether you have been inappropriately removed from the property.

Best, Steve
0 votes Thank Flag Link Tue Jun 1, 2010
Please come back on and expand on your situation as well as the dates.

Although the easy answer is to check with an attorney, alot of times their is a common sense answer but without more detail it is hard to offer any more help
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Tue Jun 1, 2010
See an attorney.

I'm not an attorney, so this isn't legal advice. And you really do need an attorney. However . . .

I'm guessing you mean that the owner was foreclosed upon and that you were evicted because you were living in a home that your landlord no longer owned. Unfortunately, that happens. An attorney can tell you what your rights in that situation are.

You say "He has since passed away." Do you mean the landlord? Or "Saul Wright an LLC"? If the landlord, that probably doesn't matter. The activities--the foreclosure, specifically--occurred while the landlord was alive. If you mean Saul Wright, I'm not sure that's relevant, either. The LLC may continue as a legal entity--in fact, it probably did.

You ask who you'd sue. Question: What are you suing for? As noted above, your eviction may have been legal--not that you were at fault, but that's the way things sometimes are. Again, a lawyer can advise you. If the process was conducted improperly--if you were evicted but the law should have permitted you to stay--that could be a different matter. Recognize, though, that it's almost impossible to sue a government entity, such as the police or sheriff's department. So you'd probably be suing either the landlord (or estate of the landlord, if he's the one who died) or the LLC--depending on who you say is at fault. Again, a lawyer can advise you.

Hope that helps.
0 votes Thank Flag Link Tue Jun 1, 2010
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
Sharont,

You should consult with a Real Estate attorney for advice on your situation.

Best of luck...
Web Reference: http://YourTeam4Homes.com
0 votes Thank Flag Link Tue Jun 1, 2010
Sharon as this is June 1 2010 your timeline must be wrong. Go talk to an attorney the sheriff will not go a set out without the proper court proceedings taking place. It sounds like there may be some confusion over your rights and an attorney is a good place to start to find out what you can do.
0 votes Thank Flag Link Tue Jun 1, 2010
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