Legal Question in Real Estate Law in California

We were working with Suntrust on our mortgage in Ca, but communication has stopped, we don't know why. Forclosure happened in Oct. we are still here, trying to find somewhere to go. We were served court eviction today (sun). What happens after we answer this summons? How much longer do we have before the sherrif (kern county) locks us out? I don't want to wait till this happens, I just need a time frame.


Asked on 11/08/09, 8:23 pm

1 Answers from Attorneys

After you answer the summons you'll receive notice of a trial date which will be in a very short time. If I recall correctly it's something like 21 days or less. After the trial a writ of posession will issue and the sherrif will show up as soon after that as their schedule allows.

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Answered on 11/13/09, 8:32 pm
Melvin C. Belli The Belli Law Firm

Tim is right and you have and you have 10 days to answer or respond to the complaint. The they will file for a trial and you will get a trial date in short order. At trial they will get a judgment of possession give it to the sherif and they will evict you. Call the sheriff�s office and see how long they are taking to do evictions. Tell them you are a landlord. Also if the bank took your home they usually do moratorium on evictions over the holiday as it looks bad for them. If they don't call your local TV station, it will make a great story.

There could be many reasons why your bank stopped working with you but for the most part banks have not been doing the job when it comes to doing the loan modifications they are supposed to do. There is more money in it for them if they sell your house and throw you out into the street. I would suggest that you find an attorney who deals with consumer issues such as bank mortages because they might have wrongfully denied you a modification. If that were the case you may be able to file a separate action against the bank and stop the eviction. It is a long shot.

If you have further questions this is an area we practice in and you may give us a call and we will discuss your situation for no charge.

Hope this helps ,good luck to you and hopefully better days are ahead.

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Answered on 11/22/09, 2:03 am


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