Writ Of Possession For Real Property

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mayela

LoanSafe Member
May 20, 2008
245
3
18
I just found out my HOA has filed a writ of possession for real property, this is because they want the pre bk delinquent amount in full instead of payments ,although I have been making payments on it for past several years on top of our regular hoa dues. We are always current. I'm in California, does the attorney have the legal right to just take our house from us within 5 days and not actually go through a normal foreclosure?
 

despritfreya

LoanSafe Member
Sep 8, 2011
369
53
28

mayela

LoanSafe Member
May 20, 2008
245
3
18
Based upon the below links, sounds like the HOA has already foreclosed its lien and is now taking steps to evict you based upon the writ of possession.

http://www.ocsd.org/divisions/prof/court/civil/writ

http://law.justia.com/codes/california/2005/ccp/715.010-715.050.html

Of course, I could be wrong and the second link is from a 2005 statute but seems to track the first link. You really need to be talking to a local attorney. I'm going to see if I can locate a newer statute.

Des.
How do I verify if they foreclosed the lien? There is nothing recorded with the courts nor the county recorders office. Wouldn't that be something I would have been made aware of?

Thx :)
 

despritfreya

LoanSafe Member
Sep 8, 2011
369
53
28
How did you find out that the HOA "has filed a writ of possession"? Go to that source and ask for a copy. Or contact the HOA and get a copy. I would presume that the document would lead you to the info you seek.

Des.
 

mayela

LoanSafe Member
May 20, 2008
245
3
18
How did you find out that the HOA "has filed a writ of possession"? Go to that source and ask for a copy. Or contact the HOA and get a copy. I would presume that the document would lead you to the info you seek.

Des.
I looked up the lien case filed with the courts from 2010, they filed the same document 3/2017 but was sent back to the hoa attorney 8/31 for being unsatisfied. They filed a new one on 9/1/2017, I did call the court and they said it's a document that needs to be sent to the sheriff but the hoa attorney has not done that. There is not image or copy on file that I could look up. Here is what it states.

Viewed
Date
Action Text
Disposition
Image

12/31/2020 8:30 AM DEPT. RIDST DATE TO SET OSC RE DESTRUCTION OF FILE (JUDGMENT)
08/31/2017 WRIT OF POSSESSION OR SALE ISSUED AS TO RIVE Not Applicable
Minutes

Receipt: 170831-0310 $25.00
08/31/2017 WRIT OF SALE RETURNED AS TO RIVERSIDE COUNTY UNSATISFIED FILED. Not Applicable N/A
03/01/2017 WRIT OF POSSESSION OR SALE ISSUED AS TO RIVE Not Applicable
 

mayela

LoanSafe Member
May 20, 2008
245
3
18
Viewed
Date
Action Text
Disposition
Image

12/31/2020 8:30 AM DEPT. RIDST DATE TO SET OSC RE DESTRUCTION OF FILE (JUDGMENT)
08/31/2017 WRIT OF POSSESSION OR SALE ISSUED AS TO RIVE Not Applicable
Minutes

Receipt: 170831-0310 $25.00
08/31/2017 WRIT OF SALE RETURNED AS TO RIVERSIDE COUNTY UNSATISFIED FILED. Not Applicable N/A
03/01/2017 WRIT OF POSSESSION OR SALE ISSUED AS TO RIVE Not Applicable

Talk to a local attorney today.

Des.
But you said my home is already foreclosed on by hoa lien? How do I find this out? I don't have money for an attorney. That's why i'm here :(
 

despritfreya

LoanSafe Member
Sep 8, 2011
369
53
28
All I did was give you information on what a Writ of Possession is based upon California statutes that could be quickly found and then indicate it appeared the home was foreclosed.

It is your responsibility to find out what happened if anything. GO SEE AN ATTORNEY NOW instead of assuming you will get complete answers from the Internet. It's the roof over your head therefore one would assume you would want to take every opportunity to protect it.

Did you bother to call a local attorney as I have suggested no less than 3, now 4 times in 5 responses? Why not see if you can get a free consultation or one at very low cost?

Des.
 

mayela

LoanSafe Member
May 20, 2008
245
3
18
All I did was give you information on what a Writ of Possession is based upon California statutes that could be quickly found and then indicate it appeared the home was foreclosed.

It is your responsibility to find out what happened if anything. GO SEE AN ATTORNEY NOW instead of assuming you will get complete answers from the Internet. It's the roof over your head therefore one would assume you would want to take every opportunity to protect it.

Did you bother to call a local attorney as I have suggested no less than 3, now 4 times in 5 responses? Why not see if you can get a free consultation or one at very low cost?

Des.
Is it safe to say you are not an attorney?
 

mayela

LoanSafe Member
May 20, 2008
245
3
18
All I did was give you information on what a Writ of Possession is based upon California statutes that could be quickly found and then indicate it appeared the home was foreclosed.

It is your responsibility to find out what happened if anything. GO SEE AN ATTORNEY NOW instead of assuming you will get complete answers from the Internet. It's the roof over your head therefore one would assume you would want to take every opportunity to protect it.

Did you bother to call a local attorney as I have suggested no less than 3, now 4 times in 5 responses? Why not see if you can get a free consultation or one at very low cost?

Des.
FYI loansafe has helped me in numerous ways , so for you to say coming here I will not get the help I am searching is false. I saved my home because of loansafe and Mo
 

mayela

LoanSafe Member
May 20, 2008
245
3
18
All I did was give you information on what a Writ of Possession is based upon California statutes that could be quickly found and then indicate it appeared the home was foreclosed.

It is your responsibility to find out what happened if anything. GO SEE AN ATTORNEY NOW instead of assuming you will get complete answers from the Internet. It's the roof over your head therefore one would assume you would want to take every opportunity to protect it.

Did you bother to call a local attorney as I have suggested no less than 3, now 4 times in 5 responses? Why not see if you can get a free consultation or one at very low cost?

Des.
For you to claim there is already a lien foreclosure but cant tell me how to verify that, you really shouldnt be giving misleading information