Notice to quit

[dncr]

What is the name of your state (only U.S. law)? CA

My husband and I have lost our house. It went up for the trustee sale last week and sold. The representative from the investment group that bought the house verbally told us we have until the 24th to get out. We had thought we had 60 days from the date of eviction, because that's what it said on the foreclosure notice, but apparently we misread it--we were counting on that 60 days to find a new place and move. Yes, we are stupid.

The issue is, my husband has been out of work and looking for a job for a year. I don't make a lot of money. I have a biggish chunk coming to me around the end of February, and my mother might be able to help us out around the beginning of february. Until then, we do not have the money to move...not to mention we have to pack the whole house since we (stupidly) thought we would have 60 days to do that.

I know. We've been leeches for long enough and we should just leave, but we need just one more month. He has not given us a written notice to quit yet, but I'm sure he will on the 21st so we have to be out on the 24th. Once the 24th passes and we are not out, can he show up with the sheriff on the 25th to bodily remove us, or does he have to take us to court first?

We read this http://www.worcesteractivist.org/files/FormerHomeownerEvictionInfo.pdf but it's Massachusetts. I read this Eviction after the Foreclosure Auction which seems to agree, but I can't tell if that applies in California. I'm just hoping to buy some time here so we don't have to sleep in our car until we get the money to move. The second we get the money, we're out of here, I promise!

One more question: do private investment groups ever offer cash for keys? If they did, we'd happily get out ASAP.

 

[FlyingRon]

We can't tell you what the foreclosure notice said because we can't see it through the Internet (and it sounds like you didn't keep it anyway). The federal 60 day notice requirement however (if that is what is happening) applies to people who were bona fide renters at the time of the foreclosure, not the owners.

Foreclosure and eviction laws are highly locally determined with. I wouldn't give any hope into using laws from a state across the country for your situation.

I don't know California law either, perhaps someone else can answer.

Your other option is to try to negotiate an orderly exit from the house. If they know you will leave quietly and leave the place clean and in good condition, they may be willing to give you some time. They may also be willing to either help with the move or rent to you.

 

[dncr]

We can't tell you what the foreclosure notice said because we can't see it through the Internet (and it sounds like you didn't keep it anyway). The federal 60 day notice requirement however (if that is what is happening) applies to people who were bona fide renters at the time of the foreclosure, not the owners.

Foreclosure and eviction laws are highly locally determined with. I wouldn't give any hope into using laws from a state across the country for your situation.

I don't know California law either, perhaps someone else can answer.

Your other option is to try to negotiate an orderly exit from the house. If they know you will leave quietly and leave the place clean and in good condition, they may be willing to give you some time. They may also be willing to either help with the move or rent to you.

I didn't ask you to tell me what it said. We kept it, but can't find it. I'm not putting my hopes into MA law, I'm trying to figure out if the same law exists in California. I just want to know how the system works here in CA so I know for sure what will happen and when.

 

[FlyingRon]

Cash for keys is the negotiation that I was taking about.

OK, since nobody else stepped forward, it looks like after 15 days they can serve you with the notice to quit, when you don't leave after the notice they'll file the unlawful detainer suit. It can take a month (even if all goes well for the plaintiff) to get the suit settled. However, while you escaped any recourse on the loan deficiency, the detainer suit can and most likely will assess daily damages on the time you occupied unlawfully (and that runs from the notice to quit, not from when the suit is settled).

 

[dncr]

That's the information I was looking for. Thank you very much--good to know.