Urgent please help!

[JohnCampbell08]

I JUST got a letter, literally about 5 minutes ago, from a guy driving by dropping off a statement saying that the house WAS sold, and that I had 3 days to pack up and go??

First of all, I have NOT received any phone calls, emails, or other types of notice that the house was EVEN sold, or an idea of when to expect to move.

I will paraphrase some of the letter if it helps :

Quote:
Notice Requiring Delivery of Possession of Premises

you and each of you are hereby notified that you are unlawfully in possession of the above premises and the property you occupy was purchased at a forclosure sale by BAC home loans/countrywife home loans.

Therefor you and each of you are notified that:

1) If you are the prior owner or guest of the prior owner you shall vacate the premises within 3 days from the day of this notice.

You are further notified that if you failr to compy with this demand, legal proceedings will be brought against you for recovery of possessoon of those premies andy damages of the premisese and for all costs accured together with attorneys fees.
Don't mind spelling errors, I am typing fast in anger..

There are two other papers, one that says "change in ownership occupant questionnarie - foreclosure that is pretty much asking questions as if I was a tenant. The other looks more like a statment, "Trustees Deed upon sale Nevada" with the amount due unpaid and how much they "sold" it for, saying they are the new owners of the property.

---------------------------------------------------------------------

I was under the impression that there may be a "cash for keys" offer? Should I just ignore this letter/threat and stick with it until they are ready to do this?

I admit that I am somewhat afraid. I would hate to get into any REAL trouble, law enforcement etc asking us to go.

I need time to move all my shiit and get everything ready to move, find a place etc...this was very spontaneous. I kind of knew something would happen this month, however, I didn't think the guy would threaten me and tell me I had to be out in 3 days.

Sorry for the extensive post, please please help.



----------------------------------------------------------------------------
Cliffnotes :

Late since 12/08's payment
NOD 5/09
Threat to leave in 3days 9/09 (on 9-11 of all days)

Do I just call and work them for more time or let them do that?

[Irish Gal]

John,

I just posted in your other thread. Hang in there, things will be ok.

[ultimate4799]

hey Irish Gal, where is the thread were you responded to John? I'm also interested to know since I'm close to maybe getting the same faith.

[faith]

Originally Posted by JohnCampbell08

I JUST got a letter, literally about 5 minutes ago, from a guy driving by dropping off a statement saying that the house WAS sold, and that I had 3 days to pack up and go??

First of all, I have NOT received any phone calls, emails, or other types of notice that the house was EVEN sold, or an idea of when to expect to move.

I will paraphrase some of the letter if it helps :

Quote:
Notice Requiring Delivery of Possession of Premises

you and each of you are hereby notified that you are unlawfully in possession of the above premises and the property you occupy was purchased at a forclosure sale by BAC home loans/countrywife home loans.

Therefor you and each of you are notified that:

1) If you are the prior owner or guest of the prior owner you shall vacate the premises within 3 days from the day of this notice.

You are further notified that if you failr to compy with this demand, legal proceedings will be brought against you for recovery of possessoon of those premies andy damages of the premisese and for all costs accured together with attorneys fees.
Don't mind spelling errors, I am typing fast in anger..

There are two other papers, one that says "change in ownership occupant questionnarie - foreclosure that is pretty much asking questions as if I was a tenant. The other looks more like a statment, "Trustees Deed upon sale Nevada" with the amount due unpaid and how much they "sold" it for, saying they are the new owners of the property.

---------------------------------------------------------------------

I was under the impression that there may be a "cash for keys" offer? Should I just ignore this letter/threat and stick with it until they are ready to do this?

I admit that I am somewhat afraid. I would hate to get into any REAL trouble, law enforcement etc asking us to go.

I need time to move all my shiit and get everything ready to move, find a place etc...this was very spontaneous. I kind of knew something would happen this month, however, I didn't think the guy would threaten me and tell me I had to be out in 3 days.

Sorry for the extensive post, please please help.



----------------------------------------------------------------------------
Cliffnotes :

Late since 12/08's payment
NOD 5/09
Threat to leave in 3days 9/09 (on 9-11 of all days)

Do I just call and work them for more time or let them do that?

John,
I am sorry to hear of your situation. I hope everything will be fine.
It is important for you to respond to this notice as soon as possible. Maybe you should contact a legal advice and ask them what to do. I've researched about California Eviction laws and this is what I've found

California law permits an owner occupied unit to be served with a 3 Day Notice to Quit. In the event that such unit is occupied by someone other than the Trustor, a 30 Day Notice to Quit is required.

Once served, such notice must expire before the commencement of any action in Unlawful Detainer. Once an Unlawful Detainer is filed, it must be served on the defendant/tenant. If personal service is available, such defendant has 5 days within which to respond to the complaint. If not able to serve personally, an order to post and mail such complaint must be obtained from the court. Such post and mail service will add a minimum of 15 days to the response period.

Once served, the matter can take two courses. One, being where the defendant does not respond to the complaint. In such an event, a default is requested and a judgment for possession should be available within 10 days of such default. Such judgment is than forwarded to the County Sheriff for execution.

If the Defendant does answer the complaint, a trial request is forwarded to the court and the trial in the action is ordinarily set within 20 days of such request. Once judgment is entered by the court, such judgment is forwarded, in a form of a Writ of Possession, to the Sheriff for execution.

Thus, an eviction that does not involve any delay tactics by the defendant should be completed within 30 to 40 days after the expiration of the Notice To Quit.

As indicated above, once a judgment for possession is obtained, it must be forwarded to the County Sheriff for execution. The Sheriff could take approximately three weeks to actually conduct the lock-out. Adding such additional time to the time necessary for an unlawful detainer action, an Unlawful Detainer action in which the defendant does not use any delay tactics takes approximately one and a half to two months to complete.

Unfortunately, however, the law does afford the defendant a number of different opportunities by which to delay the eviction process. Various motions can be filed by the defendant before the actual answer to the complaint. Each such motion will add an additional week to 10 days to the eviction. After judgment, an Arrieta claim may be filed. Such claim will add an additional week to 10 days. And, of course, there is always the possibility of a bankruptcy filing. In the event of a bankruptcy filing, if filed prior to judgment, a minimum of 40 days must be added to the eviction time.

If filed after judgment, some judges will permit an expedited hearing. In such an event, approximately 3 weeks need to be added. Judges differ in their approach. As to a judge who does not permit an expedited filing, 40 days would be an appropriate estimate.

The links below might give you information to help you:
Investors Beware: Foreclosure Evictions Can Be Timely And Costly

The California Eviction Process | David S. Schonfeld - A Professional Law Corporation

This info is from this site: Eviction

I think you should start putting your belongings in a box like you're ready to move out just in case. You can also rent a storage to slowly put your things in the storage. The monthly rent for storage depends on the size, a 2 br costs about $140 a month.

The above info is for your information only and not a legal advice.

God bless and take care.