Legal Question in Real Estate Law in California

Foreclosure in California

When your property actually goes into foreclosure from the lender. How long do you have to stay in the home from that point?


Asked on 12/12/08, 1:14 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Foreclosure in California

Until you're evicted by the marshals with a court order. That happens shortly after they get title in the foreclosure. Months probably.

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Answered on 12/12/08, 2:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Foreclosure in California

There's often a big difference between the fastest-possible time line, default to eviction, and what really happens. Figure a minimum of 110 days from Notice of Default to trustee sale, then at least two weeks from sale to arrival of the sheriff, during which time there would be a notice to quit followed by an unlawful detainer service and default judgment or trial. That's about 124 days, but I'd say less than 1% proceed that fast. Maybe 150 or more days is more typical, but don't count on it, you could be unlucky and face an aggressive lender and an uncrowded court calendar.

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Answered on 12/12/08, 6:10 pm


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