Legal Question in Real Estate Law in California

A house that I owned has been foreclosed on by the bank. What should I expect from the bank now?


Asked on 11/23/10, 8:54 am

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Expect a notice to quit followed by an eviction lawsuit. Maybe you can negotiate "cash for keys."

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Answered on 11/28/10, 9:59 am
Anthony Roach Law Office of Anthony A. Roach

You or any occupants of the house will now look at an unlawful detainer suit, unless you vacate the house.

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Answered on 11/28/10, 11:13 am
Terry A. Nelson Nelson & Lawless

An unlawful detainer lawsuit and eviction notice,and a lawsuit for loan deficiency unless this was an original purchase money loan.

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Answered on 11/29/10, 12:09 pm
Anthony Roach Law Office of Anthony A. Roach

Actually Mr. Nelson is wrong on the last part. Code of Civil Procedure section 580d prohibits a deficiency judgment after the lender forecloses non-judicially through a trustee's sale, regardless of whether the note was purchase money or not.

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Answered on 11/30/10, 9:37 am


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