3 Ways to Speed Up the Eviction Process in California

lease agreementThe eviction process in California can be one of the most stressful times in a person’s life. There is so much uncertainty going on, as well as financial repercussions, that you’d rather just put the entire situation behind you and move on with your life.

The length of time it takes to resolve these eviction cases or see them through can be extremely long. Whether the case is uncontested or contested, evictions are lasting longer than ever before.

There are a few reasons that evictions are taking so long today, including confusing lease agreements, an increase in the number of evictions tenants have to deal with, and an overall increase in the amount of eviction cases that make it to court. If an eviction does reach a court setting, a judge will hear and render a decision within 20 days after the case request.

Here are a few ways to speed up the eviction process and put the entire situation behind you as quickly as possible.

  • Work With the Professionals — Fighting any case by yourself can be even more stressful than the initial problem. Even if you know you’re in the right and have plenty of proof against the tenant in question, going against an opposing attorney can be overwhelming. Make sure you consult with a real estate attorney you trust who is knowledgeable in all facets of real estate law. They can take a look at the lease agreement in question and decide what options you have.

  • Have All the Necessary Information — It’s important to provide your real estate agent with any and all documentation that might assist them in resolving your case. Make copies and provide the real estate agent with the lease agreement, proof that you gave the tenant enough warning prior to the notice of eviction, as well as the tenant application and ledger.

  • Note and Date Everything — Leading up to the eviction notice, and especially in the days after the notice was provided, make sure to document and date everything so both your real estate agent and the judge — if it reaches the court — can have a succinct timeframe of the eviction in question.

How the Foreclosure Process Works: 4 Steps

foreclosure processProperty law can be confusing. If you aren’t a practicing real estate attorney who has gone through years of schooling on property law, you probably feel overwhelmed when it comes to real estate issues. Contracts, zoning restrictions, foreclosure processes, evictions, buying, renting, selling, etc., can all be extremely confusing.

The foreclosure process, for instance, is one of the most complicated aspects of property law — and it’s one of the most stressful situations to deal with. Here is how the foreclosure process works:

  1. Missed Payment Notices — The first step in the process occurs after you’ve missed a few mortgage payments, when your bank will send you a missed-payment notice. You should pay your monthly mortgage before or on the due date, but most banks will allow a few days of a grace period. If you show no signs of payment, however, they’ll send the notice informing you
    that you need to pay as soon as possible to avoid further action.

  3. Notice of Default — Once your missed payment becomes more than 30 days late, your bank can send you a notice of default (NOD). The NOD, which includes your personal and financial information detailing the specifics of the missed payment, essentially means that you have to pay or the bank will be forced to take supplementary actions.

  5. Foreclosure Notice — If your bank believes you’re intentionally ignoring them, or are unsatisfied with your responses and/or continued lack of payment, you will eventually receive a foreclosure notice. This notice simply is just to inform you that the bank has initiated the foreclosure and scheduled the sale of your home.

  7. Loss of Home — Once someone submits a winning bid at a home auction, or no one bids and the bank retains property rights, you’ll lose all rights to your home and will have to vacate.

Approximately one out of every 200 homes will be foreclosed upon. In 2013, one out of every 96 homes went into foreclosure. It’s a scary process and can be one of the most stressful times in a person’s or family’s life. However, it’s important to remember that a foreclosure isn’t the end of the world. It’s a rough setback to swallow, but if you’re careful and consult with the right people, you can get back on your feet.

You might even have an opportunity to buy back your foreclosed property.

If your home mortgage is at risk of foreclosure, you should contact a professional attorney immediately. Contact Dijulio Law Group today for real estate assistance in California.