u/AcanthocephalaOk6270

Location: Bakersfield CA Kern county
Post Body:
I am the court-appointed Special Administrator for my late mother's estate in Bakersfield, CA (Kern County). I am flying completely solo, representing the estate pro se with a fee waiver. I have an absolute nightmare of a situation with a hostile, fraudulent occupant and a looming foreclosure sale scheduled for July 13, 2026. I desperately need advice on how to get an immediate lockout.

The Background & The Fraud:
My mother passed away unexpectedly on October 19, 2023. The occupant was my moms friend who lied and claims to had been in a relationship with my mother for 27 years (they were NEVER together romantically she was never married and i'm the only son/child she had) intentionally hid her death from me until June 2024 so he could live in her house rent-free and steal estate assets. He went to court and lied under oath to a probate judge and on his petition for letters of admin, claiming they were a couple for 27 years (never married, never registered domestic partners), and claimed he was personally paying the mortgage and property taxes after she passed away. I pulled the actual records from the lender and proved it was a lie—my mom's personal bank account was on auto-pay until it froze 13 months later, and the lender paid the taxes out of the home's equity.

During this time, he illegally sold two of her vehicles. I found his legit Facebook Marketplace ad in his own real name and account selling her El Camino for $8,000 without a title, and he fraudulently transferred her Lexus into his name at the DMV before probate even started without anything in writing he says my mom just verbally told him he can do whatever he wants with the cars. (again lies)

The Psychological Warfare & Audio Evidence:
He has moved his sisters and multiple random individuals into the house after her death. They have engaged in wild psychological manipulation to try and keep me away. His sister explicitly told me that she met my mother right before she died, claiming my mom held a deep grudge against me and didn’t want me around (which I have on Audio recording, also she claimed she had to "beg" my mother on her deathbed to make amends with me. (also recorded)

But a few days later, I caught the main occupant on audio admitting a massive lie: he openly admits his sister never even met my mother. It was all a fabricated, cruel psychological game to try and make me feel unwanted so I wouldn't pursue my mother's estate. On top of that, I have him on audio saying, "I ain't going to get no money out of this," and admitting, "You are the sole heir and only son." When I confronted him about jail time for the illegal car sales, he snapped on tape: "You think I want to go to jail over some fucking cars? I’m too old to go to jail for this."

The Current Crisis & Active Sabotage:
We went to formal mediation on February 20, 2026, and signed a binding agreement where he withdrew his petition for administration and agreed to support me to become it, and I would have the house listed and sold. The probate judge signed off on my Letters, granting me full authority to immediately secure the premises, take inventory, change the locks, and market the home to save our $250,000 equity cushion.

The trustee (Affinia) originally set the auction for May 18, but because I got the house listed, they agreed to a 45-day postponement until July 13.

Now, the occupant is completely sabotaging the process. He refuses to let my realtor or any potential buyers inside, stating it's a "bad time" and refusing to provide a phone number to coordinate a better time. When I confronted him with the judge-signed court orders and letters proving my legal right to immediately secure the premises,change the locks, and take inventory, he told me on audio: "Fuck the judge, fuck our agreement," and told me I could "shove those papers up my ass for all I care." He explicitly stated, "I don't give a fuck about this house, for all I care it can burn to the ground."

My Dilemma:
I am completely broke and e-filing via OneLegal. A standard Unlawful Detainer (eviction) lawsuit takes months in California, and I will lose the house and the $250k equity to foreclosure on July 13 if it isn't cleared and shown to buyers immediately.

1. Can I use an emergency Ex Parte motion in Probate Court under CCP § 664.6 (Motion to Enforce Settlement Agreement) to bypass the standard eviction timeline and get an immediate Writ of Possession/Sheriff Lockout due to "imminent waste and destruction of estate assets"?
2. Because a civil TRO against the bank usually requires a massive monetary "Injunction Bond" (which my fee waiver won't cover), can a Probate Judge issue an order directly to Rocket Mortgage/Affinia to freeze the foreclosure based on this extreme squatter obstruction?
3. How can I best present this raw audio evidence and my realtor's signed declaration to the Kern County court to show the judge the absolute contempt this guy has for the legal system?

Any guidance from California probate or eviction experts would literally save my life right now.