Evictions In Foreclosure Cases

At the Law Offices of James Coy Driscoll, we help tenants and homeowners facing foreclosures and evictions. Being a tenants' lawyer since 1991, attorney James Coy Driscoll has come up with creative ways to help clients protect their homes.

If you are a homeowner, we may be able to help you keep your home even if you are facing foreclosure. For a free telephone consultation, call us at (415) 523-5591, or contact our tenants' rights attorney online.

Can You Save Your House?

When a person buys a home and they don't pay cash, they sign a deed of trust (or mortgage), which allows somebody to sell the house to somebody else if the buyer can't make payments. If a payment is missed, the lender has to give at least 120 days notice before the sale of a home through foreclosure. They also have to file a notice of default with the county recorder's office.

Up until the time of the foreclosure sale, the purchaser can redeem the sale by paying the amount due and paying the costs incurred in the sale. Before the sale, it is possible to save the house. However, once the house has been sold, it becomes much harder to get it back. The best option to get a house back after the sale is through an attack on the validity of the sale, which can be done if a mistake or inaccuracy occurred regarding the notice of foreclosure.

Foreclosure Evictions — Owners

In today's economy, many people are finding themselves in a tough financial situation. Mortgage payments are difficult to make. Notices start coming from the bank. Suddenly, an eviction notice shows up. What can be done when a homeowner is still living in the home?

Under California law, a purchaser of a home by a foreclosure sale only has to give the former owner a three-day notice to vacate before filing an unlawful detainer (eviction) lawsuit. However, it may be worth defending the lawsuit so that you and your family have time to make plans.

Foreclosure Evictions — Tenants

For tenants, after foreclosure, the new owners must give a 90-day notice to vacate before filing an unlawful detainer, or eviction lawsuit; if the tenant has a lease, the tenant can usually stay to the end of the lease. However, if the tenant is living in rent-controlled property, a landlord may not be able to do an eviction at all. Under San Francisco's rent control ordinance, there are 15 reasons a landlord can evict a tenant — the fact that a house was foreclosed upon isn't one of them.

Creative Solutions To Tough Problems

Attorney James Coy Driscoll has been handling tough tenant law issues since 1991. This experience has allowed him to come up with creative ways to protect former homeowners and tenants in evictions and foreclosures. If you are facing foreclosure as a homeowner or tenant, we can help.

Contact A Skilled Attorney

To speak to a lawyer in a free telephone consultation, please call us at (415) 523-5591, or contact our tenant's rights attorney online.