Notice of Default will allow 90 days to vacate

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Dear Michael: My mom passed

away a few years ago and we

now have her house on the market.

It’s never been updated but

it’s in fairly good condition. It’s

been on the market for 120 days at

$775,000. My sister suggested we

lower the price by $100,000. I can’t

even imagine taking a $100,000

drop in price. The Realtor we are

using hasn’t had any open houses

or flyers made up. She said it’s

because no one does open houses

on vacant homes. I am not pleased

with her work. We haven’t had a

single offer on it. Thanks for any

advice you can give us.

Answer: Having your mom’s

home on the market for 120 days

is way too lengthily. There can be

numerous reasons as to why your

mom’s home is not selling but generally

speaking the price is the key

reason. If you feel that a $100,000

price drop is too much of a reduction,

I recommend taking it a step

at a time and reducing the price

from $775,000 to $725,000. Observe

the activity and see is it increases.

If not, you can always have an

additional price reduction. I don’t

believe in the notion of no open

house on a vacant home. The fact

that your home is vacant has nothing

to do with open house. The

purpose of Sunday open house is

to accommodate buyers who cannot

take time away from their busy

weekday schedule to visit homes

for sale. Your realtor should host

open house at least two Sundays a

month. I don’t know how long of a

listing period you signed with your

agent. Read you’re “Listing Agreement”

and if you are not satisfied

with your realtor’s work ethics,

hire someone else when your listing

agreement expires. Sometimes

a changing of the guards is all that

is needed to get it done!

Dear Michael: I purchased a

condo last month. As soon as I

moved in I had to deal with loud

neighbors who at times have

domestic disputes. I have complained

to the HOA but no-one

has responded. I don’t want to get

involved with these neighbors. I

am not sure which steps I need to

take to resolved this. Any suggestion

would be helpful.

Answer: This is an unfortunate

situation for you. Regrettably this

can be one of the draw-backs

when buying a condo, especially

when units are located close to

each other. Most HOA’s will not

get involved in civil disputes. If the

seller was aware of the situation

he/she should have disclosed this

to you during the escrow period. If

pursuing the seller for non-disclosure

is one of the recourses you

wish to take, then I suggest consulting

with a real estate attorney.

Your other options is to ask your

neighbor to keep the noise down;

if you do not wish to meet them

face to face you can send them an

anonymous letter stating that you

are one of the neighbors and the

constant noise is intolerable. If

the situation cannot be remedied

you can always file a police report.

I understand that there is no easy

way out of this terrible situation

but if you want to have a peaceful

living environment you will have

to fix the problem. Your other

option is to put the property back

on the market, but if you decide

to do so, you will need to disclose

this neighbor nuisance to the

buyer. The fact that this was not

disclosed to you does not relieve

you from your obligation as a

seller to disclose matters affecting

the property.

Dear Michael: I have been

notified to vacate my home by

next week. I am not sure if I’ll be

able to have all my things out of

the house. Am I allowed to get my

personal items after my home has

been foreclosed upon?

Answer: You should have been

served with a “Notice of Default”

(NOD). This is when the bank

starts the foreclosure procedure.

You have 90 days from the time

of NOD until the Trustee Sale

occurs. The clock starts ticking

when you receive your NOD. This

gives you plenty of time to get all

your personal belongings out of

the home. Once foreclosed upon

you no longer have ownership

interest regardless of possession.

If you are still residing in the

home after the Trustee Sale, you

will get a knock on the door asking

for your immediate vacancy

and cooperation in departing the

premises. If you cooperate with

the new owners, they will probably

be more than likely allow you

a very limited amount of time to

remove your possessions. It’s a

case by case situation, subject to

the circumstances surrounding

your occupancy and the desire of

the new owner. Best to be better

prepared and gone after the NOD,

you don’t want to have to scramble

with this at the last minute.

Michael Kayem is a Realtor with

Re/max Estate Properties serving

Culver City and the Westside since

2001. You can contact him with

your questions at (310) 390-3337

or email them to him