Legal Question in Real Estate Law in California

WRIT OF EXECUTION - we went to UD court last week and the agreement with our lawyer and opposing counsel is 30 days from September 24th. The judge asked both parties and we all agreed. Today, Writ of Execution was posted to our door, with a date of October 5th, 2010 @ 12:01AM. That's not what we agreed at the court. How can I fight this? FIrst off, Aurora Loan Services foreclosed on our property without our knowledge while working on load mod.


Asked on 9/29/10, 12:26 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Was this agreement put on the Court record in the form of a stipulation? It doesn't sound like that was handled properly. You need to call the attorney for the bank and insist that he withdraw the writ. You also need to tell your attorney to immediately resolve this as he should have insisted that the agreement be reduced to a stipulation and entered on the Court record. Alternatively, you may need to file a motion with the Court to enforce the stipulation you reached, but again if it was not put on the record in Court, you may be completely out of luck. Contact your attorney - this could be a simple error on the part of the bank, but you have five days from the date it was posted to get it resolved, or get evicted.

As for the foreclosure, it's too late at this point to fight that - your right or redemption has expired, and unless you file suit to set aside the foreclosure, you've lost the home forever.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 10/04/10, 3:30 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California