Is this legal, and what can be done so that my husband gets what was his ? If there is nothing that can be done how much time do we have to move out

UPDATED: Jun 14, 2009

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Is this legal, and what can be done so that my husband gets what was his ? If there is nothing that can be done how much time do we have to move out

My husband and his two sisters inherited a condo nine years ago.  Since then his oldest sister managed to somehow take her other two siblings names off of the title and took out two $100,000.00 loans against the equity of the condo.  Then she stopped paying the mortgage and moved out. My husband and I moved in to try to save the place not knowing what a financial hole it was already in. So it got foreclosed on and sold on June 10th. The new owner offered us $500.00 to move out within three days. we just paid $1500.00 just to get the utilities caught up.we have no money now and two kids .

Asked on June 14, 2009 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Under California law you have 20 days after the premises is foreclosed on to move out.  If you do not you will be considered to be a holdover tenant and can be evicted.  That whole process can take up to several months, so it can buy you time.  However, if evicted it will show up on your credit report and the new owner can sue you in small claims court for rent.  Such rent will be calculated at fair market rates for similar properties and will accrue from the date that you should have moved out until the day you actually leave or are removed.  You will also be liable for all court costs and fees, as well as and other damages the new owner suffered while not being able to rightfully take over their premises in a timely manner.

Obviously, right now you need to make other living arrangements and get out of there.  What happened to you is unfortunate but it is not the owners fault.

As for you sister, without knowing more specific facts of your case, she might well be liable for the offenses of fraud and theft among other things.  If so, a criminal complaint can be filed against her.  More importantly for you in your current situation, if she still has any proceeds from the home equity loans left, you may be able to sue her for your rightful share.  You need to consult with an attorney in your area on all of this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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