How do I get an elisor in family court to sign sale docs since ex refuses to sign? House in foreclosure, sale date 10/1

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How do I get an elisor in family court to sign sale docs since ex refuses to sign? House in foreclosure, sale date 10/1

Anonymous Aug 29, 2012 5 views 1 answers

I have OSC 10/3 for determination of sole and exclusive possession; however house is now in foreclosure with trustees sale 10/1. Ex refuses to sign sale docs because loan is in my name, but he's on deed. I need to get elisor to immediately sign docs so bank may accept sale and not foreclose. Can't do ex parte. How to get into court sooner? Also, what should I file to protect myself from liability of ex's property that still remains in house if sold at trustees sale? What should I file with court to allow me to sell community property (furniture, etc.)?

Michelle Jacobsonkwok · Accepted Answer · 2026-06-15T10:39:24+00:00

You need to file an ex parte request for a temporary order to require your ex to cooperate and in the alternative, if he refuses, for the court clerk to be appointed elisor OR an ex parte request for an order shortening time to get into court on this sooner than October 1 (unless San Diego calendars are much less crowded than Alameda calendars!). You can also add the issue regarding your ex's possessions, but first I would put something in writing to your ex notifying him/her of the issues surrounding the foreclosure and advising him/her to get the belongings from the home ASAP.

How do I get an elisor in family court to sign sale docs since ex refuses to sign? House in foreclosure, sale date 10/1

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