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.
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  • 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.
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  • 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.
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  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.
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  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.
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  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.

Property Owning in California: What You Need to Know

real estate lawThere are so many complications involved with real estate law. Each state has its own rules regarding property law, each county seemingly has areas that you can and cannot buy in, and it often feels like each individual home has some unique factor that changes the law altogether.

Property law, no matter how you look at it, is confusing to the untrained eye. That’s why it’s imperative that when dealing with any piece of property, whether it’s buying a house, renting an office space, or struggling in the foreclosure process, consulting with real estate lawyers should be your first move. No matter where you are looking to own property — this is important. California has plenty of specific rules that lawyers and real estate agents are privy to that not every property owner knows.

For current tenants living in apartments and townhomes in California, the disclosure by the state is extremely important. California law states that landlords must provide at least 60 days’ notice to their tenant in the event of an eviction. By doing this, the tenant should have enough time to gather their belongings, plan their next step, execute their plan or fight the eviction in court.

Notification is important regarding all aspects of property ownership. For instance, there are strict regulations in California that require proper notice — as well as ample time to pay — before any property is sold in a foreclosure sale.

And for anyone planning on purchasing a home, there is other information that is illegal to be withheld from you. According to California law, real estate agents are required to disclose any information pertaining to a death that might’ve offered on the property within at least three years before the sale. Again, a reason qualified real estate lawyers are so important.

Regarding vacant properties, according to Title 10 of the California Civil Procedures Code, any abandoned property is classified as “unclaimed property.” If the property remains unclaimed for over three years, it escheats to the California government.

Contact Dijulio Law Group today to speak to an experienced professional if you have any more questions regarding California real estate.

Buying a Home: Before, During, and After

real estate lawProperty transactions, whether you’re the buyer or the seller, are always complicated. There are so many factors to consider, so many things that could go wrong, and so much shared information. These tips can help the average person during their property purchase:

Before the Sale
Before anything, you should consult a real estate law firm. They will put you in contact with an experienced real estate lawyer who is knowledgeable about real estate and personal property law. These lawyers can assist you throughout the entire transaction process.

The next step: get a home inspection. According to the National Association of Realtors, wholly 77% of homebuyers have an inspection done before the purchase is complete. The inspection is done early so nothing new and surprising comes up after the deal closes.

This is when you should begin planning the moving process as well. You don’t know when you’re going to need to move, but you do know it’s coming soon. Planning a few months in advance can ensure you’re not scrambling during the week before the move. Figure out where you’re going to store all your items in the days leading up to the purchase and exactly how you’re going to move everything.

During the Sale
Once you have entered the purchasing contract, you should specify the exact details with the other party and real estate lawyers. The closing date — which usually lasts between four and 10 weeks after the contract — should be outlined in these contract negotiations. Be sure to adjust any packing, storing, and moving plans once you figure out exactly when everything is going to take place. These dates can often be tentative as issues often arise, but it’s good to at least have an approximate timeframe.

After the Purchase
Once the sale is final and you are officially a new homeowner, there are still a few things you should keep in mind. It’s important to do one last inspection to ensure that there are no hidden issues that were kept from you during the initial inspection and negotiation. You should also stay in touch with your real estate agent and let them know how things are progressing in the new home. The entire home buying takes about 40 days to close, on average, so you have to act quickly during these weeks.

Although it’s a stressful time, once it’s all over, the only thing you’ll have to do is relax in your new home.

California Real Estate Law: Everything You Need to Know

foreclosureReal estate problems are overwhelming and complicated for all parties involved. There are legalities regarding so many specific details that it’s almost impossible to know everything. Although consulting with professionals is recommended, it also helps to be knowledgeable on some real estate issues.

Here are a few important things that all California residents should know:

  • Closing Time — Every situation is different, but on average, it takes approximately 40 days to close on a house. Working out the exact details should be done so there are no surprises, but 40 days should work as a rough estimate for most housing deals.
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  • Property Law — Under title 10 of the California Civil Procedures Code, a property that is abandoned or lost shall be classified as “unclaimed property.” An unclaimed status can last for three years. Afterwards, the property escheats to the California government if it has yet to be claimed.
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  • Foreclosure Process — Approximately one out of every 200 homes will be foreclosed upon. California law requires proper notice and enough time to pay before a home is sold in a foreclosure sale.
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  • Eviction Process — Landlords must provide at least 60 days’ notice to a tenant in the event of an eviction. The tenant must have a sufficient amount of time to vacate the premises. This rule only applies to tenants who have lived on the property for more than one year.
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  • Disclosure — According to California law, real estate agents are required to disclose any information regarding a death occurring on the property within three years before a sale.
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  • Required Documents — The Statute of Frauds in California requires three types of documents to be in writing at the time of the sale:
      • Commission agreements between parties.
      • Leases over one year.
      • Real estate licensees and contracts.

       
      This information is important to know and can assist you with issues regarding a property. However, it’s important to consult with experienced and professional real estate attorneys before, during, and after any property transaction. Whether it’s a foreclosure, eviction, home sale, or apartment rental, professional real estate agents can help.

      Contact DiJulio Law Group today for assistance

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