30 day notice given to co-owner to start short sale

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monroy

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My jurisdiction is: California

I co-signed on a house for a family member who has lived and paid the mortgage for a little over 2 yrs. I have never lived in the house. They have consistently paid the mortgage late which is ruining my credit. They are now in default (5 months behind) and the house is headed for foreclosure. They signed a quit claim deed giving me sole title of the house a month ago (we are both on the loan, but I am the only one on the title). Since I'm not able to afford the payments I attempted to start a short sale, but they will not give me access to show the house. There isn't a rental agreement or lease in place and they are being really difficult.

I gave them a 30 day notice for tenancy at will...

1) Can I do that?

2) Should I have given them a 60 day notice because they have lived in the house for over 2 yrs?

2) Can I legally evict them even though I have not invested any money into the house (beside making one payment about a year ago)?

3) I cannot afford an attorney and I'm worried that I will not win the unlawful detainer case based on a technicality. Are judges forgiving when it comes to lack of knowledge?
 
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