The Valley News
Online Search
Arrow Site Map

Ask an Attorney

Bookmark
Print
Translate this page

Ivan Trahan

Friday, February 20th, 2009.
Issue 08, Volume 9.

Story Last Updated : Sep 10th.

Dear Attorney,

One of my creditors just called and said they are going to take the money I owe them out of my checking account and my paycheck if I don’t pay them by Wednesday.

Can they do that?

Jenny, Lake Elsinore

Dear Jenny,

They can, but they have to sue you first and they have to serve you personally with copies of the lawsuit.

You have 30 days to file an Answer to their Complaint. If you don’t file an Answer, they will most likely proceed by getting a Default Judgment.

Until they get that Judgment, your paycheck and your bank account are safe.

Dear Attorney,

I rent a house in Temecula and I keep getting junk mail for my landlord from places that help people in foreclosure.

I haven’t received any notice of a foreclosure, but I suspect my landlord is not making the mortgage payments. How can I tell for sure?

How long can I stay here? Will I be evicted?

Jim, Murrieta

Dear Jim,

A Advertisement
Innovative HealthCare Consultants
Innovative HealthCare Consultants
Notice of Default has to be recorded with the County Recorder to officially start the foreclosure process. You can check with the County Recorder, and I suggest you do so.

You could be evicted if you don’t leave voluntarily, but the lender has to give you 60 days notice to leave in the first place. That will give you ample time to find a new place to live.

Some lenders are doing "cash for keys" programs where they will pay the tenant money to leave earlier.

If you have somewhere else to go, you might want to try to negotiate an arrangement like that.

There’s no set amount, but I’ve heard of people getting paid anywhere from $1,000 to $2,500 per month for leaving the premises early.

Every circumstance is different and any number of arrangements could be made with the lender.

It’s a good idea to talk to them about your options when the foreclosure goes through.


 

0 comments for "Ask an Attorney"


arrow Be the first to share your opinion on this article!

Add your Comment


Name

Comments

Disclaimer
We invite you to contribute your opinions and thoughts. Images, Formatting, or HTML is not allowed. You may post up to 5 website addresses within your comment. Please, no advertising, trolling or derogatory comments. Comments with vulgar or obscene words will be ignored.

Please keep in mind, not all comments will be approved. Most comments are approved within 1 business day.
Article Comments are contributed by our readers, and do not necessarily reflect the views of The Valley News staff. The name listed as the author for comments cannot be verified; Comment authors are not guaranteed to be who they claim they are.

RSS Feed
Online Digital Edition

Sign up for iNews
Get your news your way. Connect with us through iNews here.

Video Recent Video


Most Commented
231 Medical marijuan...
150 Man hit, killed ...
111 Authorities dist...
88 Is Granite havin...
86 Investigators se...
81 Another officer ...
79 Bikers steering ...
75 Four Marines arr...
75 Answers sought i...
69 Hemet woman caug...
65 Murrieta mother ...
60 Former officers ...
57 Alleged white su...
54 Governor Schwarz...
54 Preliminary hear...


shadow
All contents copyright The Valley News Inc. ©2010. Privacy

Arts | Business | Classifieds | Education | Entertainment | Food | Health
Home & Garden | Local News | Motor Scene | Opinion | Religion | Sports | Login
The Valley News Inc. 127 West Elder Street, Fallbrook CA 92028