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FAQ

We are experts in foreclosure eviction laws and foreclosure eviction procedures in California.

The FAQ’s listed below represent some of the most commonly asked questions that we answer on a daily basis in regards to homeowner and tenant rights.

How long does an unlawful detainer court action take to complete?

If only an answer is filed the entire process takes approximately 45 days.  The defendant is provided only 5 days to file an answer.  The court will at the plaintiff’s request set a trial date at no more then 20 days in the future.

How much extra time can I get using your company’s services?

If you are in the process of a foreclosure eviction and you live in the state of California, we are able to arrange up to 6 months to provide you the time to make arrangements and locate a new place to live.

How long do I have to move out following the court date?

The Sheriff will post a Writ of Possession on the front door providing you only 5 days in which to vacate the property.

How much additional time could I get using the services of stopeviction.org

In most cases we can arrange for an additional 30 to 45 days after the Notice to Vacate is posted on the front door by the Sheriff’s Department.  This is in addition to the time obtained by delaying the eviction procedure.

The bank just took my house back. What can I expect to receive?

If you are the former owner then only a 3 day Notice to Quit is required to be served on you prior to an Unlawful Detainer action being filed.

I also rent out one of the rooms in my house. Does my tenant have to move when I do?

All occupants will be required to move.  Under certain circumstances any legitimate tenant may be entitled to an additional notice period which would extend the time that the unlawful detainer will take.  The tenant will run the risk though of having their name added to any unlawful detainer action filed.

What if I want to stay in my home and just rent it from the new owner? Is that possible?

Banks are not in the business of renting out houses and most investors that purchase properties at a foreclosure sale are interested in selling for a profit quickly and this would require that the property be vacant.

What is “Cash for Keys”?

In some cases a lender will offer you an amount of money if you agree to move within a certain period of time (usually a couple of weeks).  They will require that you leave the property clean and in good condition.  The amounts that lenders offer vary widely.  When considering “cash for keys” take into consideration the following:

Do you have a new place you can move to relatively quickly?  

Does the amount they are offering cover your moving expenses?

If not, then you may find that you need additional time to remain living in your home.

You must get any “cash for keys” agreement in writing and read it carefully.  Most of the time you will have to give up your right to get your security deposit back.

What if we don’t move when the tenants 60 days notice period is up?

The property owner will file an unlawful detainer listing the tenant’s names on the eviction papers.

Can I be evicted if my lease hasn’t expired?

Most of the time, yes.  A foreclosure sale usually voids most lease agreements.  In some cases, if you signed the lease before the landlord took out the mortgage which is in default, the lender must let you stay for the entire period of the lease.

If I pay my rent doesn’t my landlord have to pay the mortgage with it?

Unfortunately, no.  There is no law in California that requires your landlord to use your rent money to pay the mortgage. They can buy a new car, go shopping, or go on vacation with your rent money.

The house I rent is being foreclosed on and the landlord is going to lose the property. How do I get my security deposit back?

The security deposit is not transferred to a new owner.  It remains with the former owner against whom you just might have to bring legal action to recoup your security deposit.

Call us for a free confidential evaluation of your specific situation.
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