Legal Question in Real Estate Law in California

How many days do I have to vacate a home that was sold by a trustee's sale?


Asked on 9/28/12, 11:11 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

The buyer, usually a bank or its representative, eventually will send you a three-day notice to quit. Before then, they might try to negotiate with you to move sooner in exchange for a monetary incentive. After the three days have elapsed, the owner will file and serve you with an unlawful detainer (eviction) lawsuit, and you will have five days from service to file and serve a responsive pleading. If it involves a motion, that would be heard in a week or two. Then you might have to file an answer within five more days. Then a trial will be set for several weeks later. Then, if you lose, the sheriff might arrive two weeks later or more. Of course, if you do nothing and do not respond to the unlawful detainer, the process would be accelerated.

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Answered on 9/29/12, 6:35 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Cohen generally, but the law is different if you were a tenant of the owner whose house was foreclosed on.

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Answered on 10/05/12, 11:00 am


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