Foreclosed ? and facing Eviction? I HAVE A PLAN

The next thing you can expect is a knock on your door. It will be the friendliest guy or gal that you would ever want to meet. Its the real estate agent with orders to get you out of the house. They may offer you cash for keys or whatever remember they are not your friend they have one purpose and one purpose only. TO GET YOU AND YOUR FAMILY OUT.

They may say things like don’t worry we can get you back in the house and you can buy it back. I had one Realtor promise that the people could buy back the house they just needed to move out over the weekend and the lender would work things out for them. They did only to find the Marshall had posted the house and nobody could get back in except a 3 hour period to get their stuff to the curb. Don’t let it happen to you.
In California tenants have 60 days and former owners 3 days before an eviction can be started. Under the new federal law Protecting Tenants at Foreclosure Act of 2009 tenants have the right to 90 days notice and in cases where there is a long term lease the lender will be subject to the lease. ie. if you have a 5 year lease the lender will not be able to put you out! Title VII sec. 702

Step 1 send the party that gives you this notice a rental agreement showing someone as being a tenant in the house. (This will get you Sixty days)

Step 2 File a lawsuit for fraud and improper sale in that 2923.5 was not complied with prior to sale. sample-bank-final-complaint1
Step 3 File a Lis Pendenslisp-for-client

Step 4 Make motion to consolidate eviction with Superior court case.galejacksonconsolidation Alternative to Step 4 would be to apply for a temporary restraining order to hold the eviction till Fraud Case determined. Alternative to step 4 actually a Step 5 would be a motion in the unlawful detainer court for a stay of the judgment till the outcome of the Fraud case.

What will this do?

In the worst case it will keep you in your house and you may have to post a bond equaling the reasonable rental value of your house. Let me take that back just remember Judges have the power and the can disregard the law and the constitution and put you out without even a trial. This is the extreme and some days are extreme. The lenders lawyers are in front of that judge all the time, but as a whole you can expect a fair minded judge.

In the best case you could be in your house without having to post a bond and you will be offered the house back at today’s value and a low rate of interest.Southern California(760)733-8885 in Northern California(916)361-6583
Here are some examples of what our offices do. Many a client call me when its toooooo late however sometimes something can be done it would envolve an appeal and this application for a stay. Most likely you will have to pay the reasonable rental value till the case is decided. And … Yes we have had this motion granted. ex-parte-application-for-stay-of-judgment-or-unlawful-detainer3
When title to the property is still in dispute ie. the foreclosure was bad. They (the lender)did not comply with California civil code 2923.5 or 2923.6 or 2924. Or the didn’t possess the documents to foreclose ie. the original note. Or they did not possess a proper assignment 2932.5. at trial you will be ignored by the learned judge but if you file a Motion for Summary Judgmentevans sum ud
template notice of Motion for SJ
TEMPLATE Points and A for SJ Motion
templateDeclaration for SJ
TEMPLATEProposed Order on Motion for SJ
TEMPLATEStatement of Undisputed Facts
you can force the issue and if there is a case filed in the Unlimited jurisdiction Court the judge may be forced to consider title and or consolidate the case with the Unlimited Jurisdiction Case

2nd amended complaint (e) manuel
BAKER original complaint (b)
Countrywide Complaint Form
California stop foreclosure and get your own shortsale COMPLAINT
And in some cases an injunction is in order
Foreclosure injunction TRO
and a Lis Pendence

27 Responses to Foreclosed ? and facing Eviction? I HAVE A PLAN

  1. deman myvett says:

    hello tim I got a situation that I need your help the lenders sold my property when my property was under a legal law suit at a federal court and the new aparent ” ” buyer are taking me to court under a unlafull detainer please let me know the cost of yuor fees to represent me on this one . I am one of the ones meeting yuo today w/ the spanish people 2/2/09 thanks Salomon

  2. J says:

    Just like almost everyone visiting your site, we too are in dire straights. Thank you, Timothy, for creating this website. Being informed is the only thing helping my wife and I stay calm. Just like Deman MyVett, we would like to know what your fees are to help us stay in our home? We got the notice of eviction on 1/29/09. No unlawful detainer has been filed (yet) in our case. Thank you in advance.

  3. erical29 says:

    Hi, Looking for the place in Ca, to audit the loan with all details to find the violations?

    Any Attorney in Ca, that can help me with the few cases that I have.
    Please let me know ASAP.

  4. J seeking justice says:

    We are seeking help immediately received foreclosure filing dated 02/06/09,but had been turned over since January.Please contact us to let us know how you handle your fees.
    thank you for your web presence. would appreciate knowing something ASAP.

  5. robert tapia says:

    If judges have the power, the public have their carreers:

  6. Abby in CA says:

    Tim is the best!! I already had the 3 -Day Notice to Quit after a Calif. Foreclosure. After I succesfully got through several of my Unlawful Detainer hearings as a pro se, then I filed my large complaint. Upon Tim’s advice, I then filed a Motion to Consolidate both cases, the UD and the Fraud/TILA complaint. The UD judge did this and was happy I was out of that court and into one that was more suited to the fraud/TILA issues. Recently, the new judge dismissed the UD case. Listen to Tim!!! I am still in my home and the 3 Day Notice to Quit was posted on Oct. 31, 2008. I’m fighting for my home!

    • roobina says:

      Hello Abby, I am fighting for my home but have been evicted. do you mind contacting me to see what you did to have a stay?


    • Larry says:

      Hi Abby,
      I am also fighting a wrongful foreclosure with a hearing date set for July 2010 for my unlawful detainer. I would like to know the details of how you successfully got through the hearing if possible. thanks Larry

    • Manuel Rodarte says:

      I am emailing you because you were able to get a hold of Tim. I am not able to find a way to contact him, what am I not seeing…help

  7. Kimster says:

    Hi Tim,
    I am fighting for my home and filed a lawsuit against all parties involved. We are in discovery and requested they product the orginial loan/note documents. They are fighting us saying that the deed of trust is sufficient and they the orginial note is not relevant. Do you have any idea of how to fight that?

    • Anon. says:

      Get the legal citations for the judge. The people trying to foreclose on you are simply wrong according to California law; the deed of trust “must follow the note”. They have to prove that they really put up the money in order to foreclose. The legal citations are what you need here, to tell the judge what the law is. You’ll find some of them on this blog, but it’s best if you have a lawyer to look more up!

  8. Mrs. Z says:

    I received lienz pennentgs in May, 2009. On my mortgage papers has MERS as a nominee, however, we took a close look at the Lienz Pennents and MERS was not mentioned In the state of Florida you have 20 days to respond, we did the Lienz Pennets states the lender’s vice president signed these documents and notazarized. Then in sept 2009 after we responded to lienz pennent they stated they are the owner of the note the same person that is on the lienz as vice president of the bank states on these documents we got in Sept that he is Special Loan Manager. How can the same person sign and notarized as a vice president is now a special loan manager. Can you tell me what is going on here? Also, my mortgage papers as a MIN number

  9. Orlando says:

    I really appreciate all this information to educate me in the process of eviction after the foreclosure, I will like to know if my son qualifies as tenant in the house, so can take the sixty days before move out.

  10. Hi, We just came from eviction trial and lost. Tomorrow we have another hearing for cancellation of mortgage and foreclosure due to improper notarty of Note and Trust Deed, notarised on August 2 and signed on August 3, 2006. I intend to file an appeal of eviction and stay order. Please help. I have three adults children living in the house.

  11. Abby in CA says:

    send me an email at

  12. Abby in CA says:

    suggest you call Tim McCandless phone number–perhaps a quicker response than this blog You need to act fast and more aggressively with the situation.

  13. Abby in CA says:

    Tim’s office number is 925-957-9797

    He has a wonderful office staff.

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  15. Monday Onaiwu says:

    My house was forclosed on on 07/06/10. I was served a 3 days eviction notice followed by a forcible detainer served by a constable on 07/28/10.
    I opt for a Jury trial, but on 08/11/10 before the jurrors would start delibration, attorney for Fannie Mae requested a pre-jury trial or hearing in the judge’s chamber. There the Judge advice that I file a wrongful forclosure and re-set hearing for 08/26/10. At the hearing, the judge said I shoud go back to the District Cout before 08/31/10 to file a Temporary Restraining Order. He also said I could post a $2,000.00 bond if I want to appeal his decision. Since today is Thursday, I only have till Monday August 30, 2010 to have this filed.
    My questions are:
    1. In what way would this restraing order help me and for how long can I stay in the house?
    2. Can I file this restraining order myself or do I need a lawyer? Do you have a do it yourself form?
    3. Do I need to file a motion concurrently with the temporary restrainng order to hold eviction till my wrongful forclosure suit is heard?
    Please, I need your response very urgently.


  16. Kim Harris says:

    I have a home that was recently foreclosed on. Bankruptcy Chapter 13 was filed prior to the foreclosure. However, I did not have the plan payment and told the attorney I needed an additional 5 days. he stated that he would be at court and I would not have to appear and then come into his office a week later to refile a new case. The judge dismissed the case due to non-appearance.
    However, I had a paralegal appeal the case and the Judge then granted the Appeal and scheduled a court date. However, inbetween that time, the bank foreclosed on the property because the Judge did not reinstate the automatic stay. Now, I filed a post bankruptcy and the new attorney says it was a legal foreclosure because there was no automatic stay. Any suggestions that could get the bank to rescind the foreclosure? As of now, they are not responding to any correspondence of any kind. They have served a 3 day notice, and filed a UD but not served it. My daughter and her kids live in the house not me.

  17. BC in Northridge says:

    II I was foreclosed on my property 12-16-09 while trying to get my loan modified . While I was going through the process of a loan moification (so I thought) Bof A foreclosed on me without notice thinking that I was a tenant. On 12-19-09 a real estate agent appeared on my door and that is how I found out my home was forclosed. I immediatly wrote to BofA informing them of their error and requesting that they reinstate the property. I called them many times until I finnally talked to an REO esclation agent which in turn requested utility bills, bank statements and pay stubs. I promptly sent these via certified mail and also faxed them, however to this date I haven’t had a response. I went to seek for an attorney and they adviced me to see them when I get the eviction papers. I live in uncertainty and stress awaiting for these eviction papers which to date I have not received. Also I want to recover my property. Please let me know if I could still join the class action law suit . I feel there were a lot of violations on my loan. Also, I would like to know the cost too. Thank you so much your articles give me hope in recovering my home.

  18. ADRIAN R RIZZA says:


    • Abby in CA says:

      First off, try to find an attorney pronto. Next, only if you can’t find an attorney to work on this, start researching you laws on eviction (sometimes called UD or Unlawful Detainer)…these would be your state laws. I think Missouri is a non-judicial foreclosure state. So you may have a chance to fight back in the UD court and/or file a larger fraud etc. case. I am not attorney. You should find an attorney right away. Also, look around on LivingLies Weblog…there is a lot of information and also a list of lawyers. Ask around for your state. If cases are handled correctly, you could stay in your home why the lawsuits are in progress. No guarantees. Again, I am not an attorney, but someone who fought thru her UD in Calif. Foreclosure was in 2008…I’m still in my home and fighting. Good Luck

  19. Texas says:

    I need post foreclosure assistance in Texas, is there a class action lawsuit that I can join?

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