Was in process of ss with buyer. Bank sold house at auction n broker changed locks that day with note on the door and still on title n no recording

Asked by Bcspabliss, Rancho Cordova, CA Thu Jan 31, 2013

Went on courts.ca.gov under foreclosure help and found if a home sells at auction the locks can't be changed immediately. A 3 day notice to quit is to be given to us to gather our stuff and render the keys.The dumpster was in driveway on next day (auction was jan 15th) and home was being torn apart although nothing recorded and me still on title. They just left a note on door
With number to get our stuff. The home was listed a week later on MLS and is pending. There are so many things wrong with this house to leaking ac into house and cooper colored water draining from ac line, mold under the kitchen sink, leaking front window and prior pet damage and made my dogs pee everywhere. They kept most our updating.They did very little to make it look good and smell like fresh paint and carpet & nothing fixed.What is my recourse over illegally changing the locks without notice to quit.I feel he was trespassing & tore up the house in 3 days. Was told by agent we would get keys for cash Not.

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Sue Archer R…, Agent, Palm Harbor, FL
Fri Feb 1, 2013
First and foremost, I would contact an attorney. Steve Beede at BPE law group and pay the $200 to know your rights. Actually that should have recommended when you started the short sale.

In any case, that realtor is in violation of the law. I'd file a complaint with CA Department of Real Estate as well call the broker's office to tell them what happened. While it might be too late to reverse your situation, this is most likely a pattern that they are following and you might prevent it from happening to someone else. They need to follow the law.

HOWEVER, it sounds like the home was in disrepair so the condition problems were well known by you. Whatever the condition of the home is now, the home reverts back to the lender who is taking a significant loss over the money they loaned you. They will handle the issues in the sale to a new buyer.

Part of doing a short sale is to monitor the foreclosure proceedings if it is still going forward You would have received the letter on the sale date. The realtor may request a postponement but there is no guarantee that the investor will agree. They are within their rights to proceed. They are under no obligation to provide you any cash for keys. Having lived in the home without paying was allowing you to save money for your next home and that was your benefit.

Unless you had some valuables in the home that were confiscated in their taking the home over, then I would let it go and move on. The fact that they changed the locks without following the law is a problem, but I'm not sure what damages you incurred that would make a difference in the long run.
Enjoy your new home, and build new memories. Good luck to you!
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Bcspabliss, Home Buyer, Rancho Cordova, CA
Thu Jan 31, 2013
Also lender didn't contact our agent to reject short sale offer. Looked up buyer Guardian Home Brokerage and horrible reviews and some thought they didn't disclose things that costs new buyers 10k. There is things in our home that needed serious repair and they just covered up with paint under the sink. You can email me and I will give you the address. Something just seems shady and that is why he is getting this house sold but I'm still on title but my husband was removed. Title company says something fishy is going on but is it worth it to fight and what will I gain. I gain piece of mind this business gets reprimanded or how can I file things wrong with this house before the new buyer gets screwed with an over priced home. Would love to talk to new owner. Asking way too much. Christie. Bcspabliss@yahoo.com. Need advice so I can pursue or put to rest. Luckily we found a brand new home in great neighborhood with all beautiful upgrades and owner is our landlord.
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