Foreclosure sale today

cdmosaic

LoanSafe Member
Aug 16, 2008
166
1
18
East Contra Costa County, Ca
Well, after 17 months since our first missed payment the trustee sale happens today in a few hours (BTW – we are in California, in Contra Costa County). I am glad it is almost done, but have some concerns about what happens next and would love some feedback.

We moved out three months ago, but my son (college age) stayed to “care-take†the house and get free room and board. Basically, an opportunity for him to taste some independence and help me out at the same time. He will be out by Saturday, which I am expecting will be soon enough for the bank, but as I haven’t been able to get the Trustee on the phone I am not 100% sure what happens next.

My main area of concern is something my son shared with me last night. Apparently, some friends of his best friend know the house is in foreclosure and they have been suggesting a “foreclosure party†which I am told means vandalizing the property. We will be out of the house by Saturday and so I can’t decide what if anything I can do about this situation. I’ve met a couple of these kids and think it is highly likely they will act on their “ideaâ€. Perhaps it is just talk, but does anyone have any suggestions? I suspect this will make it impossible for me to negotiate cash for keys, but the real concern is what will my liability be if they do trash the house after we have left?

I thought about calling the Sheriff’s department and explaining my concerns, also asking my neighbors to call the police if they see anything suspicious, but beyond that I don’t know what else might help. I could talk to the bank I guess, but really doubt that would be wise as they might assume I’m trying to get away with something.

Any thoughts?
 

Evan Bedard

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Aug 26, 2007
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San Diego, California
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My main area of concern is something my son shared with me last night. Apparently, some friends of his best friend know the house is in foreclosure and they have been suggesting a “foreclosure party” which I am told means vandalizing the property. We will be out of the house by Saturday and so I can’t decide what if anything I can do about this situation. I’ve met a couple of these kids and think it is highly likely they will act on their “idea”. Perhaps it is just talk, but does anyone have any suggestions? I suspect this will make it impossible for me to negotiate cash for keys, but the real concern is what will my liability be if they do trash the house after we have left?
Do not let these foolish kids do this to your property!! Are you really going to let your son and his friends throw a huge party and thrash our home? They obviously have no interest in your well being or what will happen to you because of this, they sound like they are just looking for a place to party! If so, you are going to be responsible for any damage to the property and also may face criminal charges if the home is damaged to bad... You can kiss any chance of cash for keys good bye if this happens..
 

Garry

LoanSafe Member
Aug 7, 2009
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Tell your son to stay, don't take the chance of anyone trashing the house.
 

cdmosaic

LoanSafe Member
Aug 16, 2008
166
1
18
East Contra Costa County, Ca
Perhaps I should rephrase this question - my son told me because he is concerned about what might happen after we move. He does not condone this behavior and he has stopped them from doing anything so far, but on Friday he leaves the country and will be gone for several weeks. He will not be in a position to do anything about this.

We live over 30 miles away and won't be able to check on the property easily. So I am interested if anyone has practical solutions. Once you have moved out after the trustee sale how can you be expected to monitor what goes on at a property you no longer occupy or own. Anyone could break in, it is just in this case I've been given a heads up to a possible problem after we vacate.
 

Garry

LoanSafe Member
Aug 7, 2009
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Until they take possession and secure the property I wouldn't let anything happen, I would think you're safe after that.
 

reddog64

LoanSafe Member
Oct 2, 2009
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Perhaps I should rephrase this question - my son told me because he is concerned about what might happen after we move. He does not condone this behavior and he has stopped them from doing anything so far, but on Friday he leaves the country and will be gone for several weeks. He will not be in a position to do anything about this.

We live over 30 miles away and won't be able to check on the property easily. So I am interested if anyone has practical solutions. Once you have moved out after the trustee sale how can you be expected to monitor what goes on at a property you no longer occupy or own. Anyone could break in, it is just in this case I've been given a heads up to a possible problem after we vacate.

So did your son give them keys?
 

Garry

LoanSafe Member
Aug 7, 2009
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A video tape of the house the day you leave probably wouldn't hurt to have laying around.
 

christy4

LoanSafe Member
May 19, 2008
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I may be way off base here, but even with the sale happening today, doesn't it take a week or two for the trustee to certify the sale? Not sure if this is what happens in your state, but wouldn't you still be liable for any damage until the purchase is completed? And what if it doesn't sell today?

Is there a way you can give the keys to the lender in person and let them know that the house is vacant so that your liability ends?

In your shoes, I would probably carry my home owner's insurance until the transfer to the lender or other purchaser is finalized unless you are able to get confirmation from the lender that you are no longer responsible for damage done after vacating the property.
 

jakelabry

LoanSafe Member
Jun 4, 2009
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I certainly think you should do everything reasonable to protect yourself. Occupy the house (your son) for as long as possible, video the condition of the home as you leave it, notify neighbors to be on the lookout for suspicious behavior, and absolutely notify the sheriff's department.
 

cdmosaic

LoanSafe Member
Aug 16, 2008
166
1
18
East Contra Costa County, Ca
Thanks, I like the idea of video taping. I will maintain the home owners insurance and call the sheriff, I also plan to drive by when possible.

Has anyone had experience with vandles after the trustee sale?
 

WannaGo

LoanSafe Member
Dec 5, 2009
157
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Get a sleeping bag and stay there yourself on the weekend.........the keys for cash is worth the extra effort

Don't leave it up to the neighbors or sheriff as they will only be reacting to what happens - you want to prevent entry by anyone.

What about someone else responsible that could help out (if you can't be there) even if you have to throw them some bucks?
 

Sparky06921

LoanSafe Member
May 1, 2009
38
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Also,

Speaking as someone who recently purchased a stripped/damaged foreclosure, please don't allow people to trash your soon to be former property. It sure makes things more difficult for the next owner. It's doubtful the bank will fix the damage and just sell it as is.

Whatever damage is done will most likely just fall on the next owner to fix. (Like me) It's a pain in the rear to match fix things and match missing items ect.

That kind of destruction is just senseless.
 

cdmosaic

LoanSafe Member
Aug 16, 2008
166
1
18
East Contra Costa County, Ca
Well, we moved out yesterday and cleaned the house. Went back today to change the locks and found that some of my son's “friends†had come back and partied. No damage, just a mess. I called the police and wanted to file a trespassing report, but they told me they would not take a report because there was no damage and that I would have to evict the friends. Supposedly, because they had stayed over with my son in the past and had some items at the house (clothes mainly) they now have tenants rights. I find this unbelievable.

Yes, I allowed one friend of my son’s to stay on and off as he was moving back to the area. I fail to see how that makes him a tenant, if anything perhaps a lodger. This friend knew we were moving out, in fact he helped clean up the house. My son gave him some furnishings he no longer wanted to keep and his friend asked if he could keep the stuff in the garage until this morning, which I agreed to. Apparently, he came back last night, moved some of the stuff back into the house and had a nice party. In fact I think he saw us arrive and skipped out the back door as it was open.

Has anyone every heard of such a thing? I have to evict this fool after allowing him to spend the night a few times or are the police just not wanting to deal with the situation? I get they have bigger crimes to deal with. The cop told me I needed to give him 30 days notice, well in point of fact I did give them 30 days notice. My son and his friend new the possible foreclosure last year. More than 30 days ago.

The locks are now changed, the windows are all secure so he will have to break in at this point. The power and water are off, and I am sending all this info with the keys to the bank. Seems like a crazy world we live in these days.
 

jerefernan

LoanSafe Member
Dec 22, 2009
87
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lancaster, ca
Hey guys, in reading this post I found a lot of comment that were really sort of judgemental--let's not go there--people come here for help, so let's just offer help-and if someone is just HEINOUS, then we'll slap some judgement on then. What does it matter what the personal relationship with his son is? Let's just give the info each person needs to get through their own personal nightmare--it's what we're here for.