Modesto, CA asked in Estate Planning, Foreclosure and Real Estate Law for California

Q: The home ive lived in for 40 yrs. is in short sale. what rights do i have if i still live there?

my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction notice. what rights do i have being an established resident here?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out and put all of your possessions on the curb. You are best off looking for a new place to live and not fighting this. You do not have the "right" to stay in property you do not own when the property owner wants you gone and you do not have a long term, written lease.

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