The new owner must first serve you with a 3 day notice before filing an unlawful detainer action. After properly serving you with a 3 day notice, the new owner may file an unlawful detainer action to evict you from the property.
After filing a summons and complaint, the new owner must serve you personally or by substitute service with the unlawful detainer summons and complaint. You have 5 days to file an answer to the unlawful detainer complaint with the Court.
If you contest the eviction through your answer, a trial date will be set, typically within one to two weeks after your answer is filed.
Worst case scenario, if you lose at trial, the Court will enter a judgment and writ of possession for your property. The writ of possession will be forwarded to the local Sheriff agency. The Sheriff will come to your home and post a 5 day lockout, which means you have 5 days from the date the Sheriff posts the lockout on your home to move or be physically removed by the Sheriff.
In the event your home was wrongfully foreclosed by an entity that did not have the legal authority to foreclose, there are additional options to challenge the foreclosure sale and unlawful detainer action by filing a separate civil action.
I recommend you contact a qualified foreclosure attorney to assist you with your case.
Disclaimer. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship
The eviction process can start immediately. Eviction usually takes 2-4 weeks, depending on how quickly the new owner starts the process and how quickly the sheriff can come out to the property and conduct the actual physical eviction. Once that happens, though, you will be forced out and the locks will be changed.
If you have the ability to contact the new owners, you would be best tryimg to reach an agreement in lieu of having an eviction on your record too. I wouldn't be surprised if someone actually tries to knock on your door with a "cash for keys" offer. The amount of time they will allow you could vary from 2-4 weeks, and the dollar figure will vary too but is generally about $1000. If you choose not to accept the offer, an eviction process could start shortly thereafter and it is possible for a sheriff to show up within as little as 3 days if you were the previous owner.
You may want to consider speaking with a local attorney that specializes in foreclosure.
Disclaimer. The information provided above is general information, does not constitute professional legal advice, and does not create an attorney client relationship
Robin MashalLitigation LawyerLos Angeles, CACA licensed ·
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
In such situations the new owner can give you notice and bring an unlawful detainer action to evict you. Sometimes, they may try to see if you voluntarily want to leave. You should consult your own lawyer to protect your legal rights.