We have received a 3 day notice for our foreclosure and we live in california, how long do we have to move?

Asked by Lori, Grass Valley, CA Tue Dec 30, 2008

We have lost our house in forclosure and have been contacted by a RE with a cash for keys offer, but no agreement has been made. Then we came home to a 3 day notice on our door. Do we have only 3 days to move. We have been looking for a rental and think we found one available in mid Jan. What should we do? Am I and the kids considered tenants since my husband is the only one on the mortgage which maybe gives us more rights and time? Any suggestions would be great. Thanks

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Teresa Dietr…, Agent, Grass Valley, CA
Tue Sep 22, 2009
Firstly, I am so sorry to hear that you and your family are going through this. I have seen homes where the children's toys were still sitting in the bedroom and the family had been removed, so I can tell you that you need to be extremely proactive. Call the agent whom you are dealing with for cash for keys and notify them right away of the 3 day notice to quit. Usually there is a phone number to contact also for the legal department. The law Library in the Nevada County Court House has all the legal information on this subject, so don't just listen to opinions, go to the legal library and ask the clerk for help, there will be a legal response you can file to help delay the process. You may even be able to lease your home back from the bank on a month to month basis as long as you are willing to allow it to be shown, many banks would rather have it occupied and have some income and maintenance occurring.
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Heidi, , Auburn, CA
Wed Feb 18, 2009
I'm not sure what lynn911 is talking about. You still have rights and they can not just lock you out of your home.If they do call 911. The bank has to go through the courts to start the eviction. They then will give you a lockout date.
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Melinda Stee…, , Hensley, AR
Wed Dec 31, 2008
There should be contact information for an eviction attorney on the notice. If not, I would contact the agent back to ask about negociating cash for keys. The bank may still be willing to work with you.
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Linda Slocum,…, , Santa Clarita, CA
Wed Dec 31, 2008
The Cash for Keys (CFK) and the eviction process run parallel to each other, meaning that if you accept a CFK it will not stop the eviction process, but it will delay it. If you don't move out in the timeframe indicated by the CFK agreement, then you can expect the bank to send law enforcement to your door to start the formal eviction process.

Work with the realtor regarding the CFK agreement. Typically you'll be allowed 30 days or so to move, and they'll offer you at least $500 to cover your moving expenses. You can either accept what they offer, or ask for more.

Being a non-owner does not change your rights in this situation. The bank is now the owner of the property, so you'll need to negotiate the CFK with them in order to extend your time to locate a new home.

Good luck!
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Eric H. Wong , Agent, Albany, CA
Tue Dec 30, 2008
Hi Lori;
First let me say how sorry I am to hear that you have lost your house.
You should continue with your negotiating for the cash for keys. In our area they usually settle for around $1200 give or take. They will initially offer you a low sum, like $500. You should also negotiate for time too, 30-45 days.
Once the agreement is made and signed off on, that is the time you will have to move.
The legal aspect, the 3 day notice to move, runs in parallel with the keys for cash negotiation. This is so if the negotiations for the keys for cash does not work out, the legal remedy is already in motion.
Once you have completed the keys for cash negotiation, and signed off, the other legal measures are put on hold.

Good Luck
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Dallas Texas, Agent, Dallas, TN
Tue Dec 30, 2008
Suggest for you start pushing forward it would not matter what your assume status is bank will be looking for taking possession of property, 3 day notice is standard state laws bank is following law have you evicted. It is undetermine any amount of time you have remaining to live their for FREE. Keep in mind they could have utilities turned off, locks changes w/o any notice to you.
Web Reference:  http://www.lynn911.com
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