The Eviction Process
What to Know About Unlawful Detainer Defenses and Notices to Quit
After your home is sold to a new owner or the home goes back to your lender, the new owner will file and record a Trustee’s Deed Upon Sale. This is usually done a few days after the sale of the property. Once the Trustee’s Deed Upon Sale is recorded you will receive an eviction notice to leave the premises which is called a Three Day Notice to Quit or (or similar title). If you have not moved after three days, the new owner will file an Unlawful Detainer action against you. If you do nothing to defend yourself against the Unlawful Detainer, eventually the sheriff will come and force you to leave.
Keep Me In My Home will provide your Unlawful Detainer defense. We will delay your eviction in the case of an Unlawful Detainer action and file the necessary legal paperwork and forms to keep you in your home for 4-8 more months. We contest every aspect of the Unlawful Detainer by way of motions and legal maneuvers that MUST be litigated by the court prior to the Unlawful Detainer moving forward. The net effect is that a considerable amount of time is available to continue living in the property.
Notice to Quit and Unlawful Detainer Actions
According to California law, an owner occupied property that has been foreclosed on is to be served with only a 3 Day Notice to Quit following the completion of a foreclosure.
If the foreclosed property is occupied by a tenant, a 30, 60 or 90 Day Notice to Quit is required.
Once served, the Notice to Quit must expire before the Unlawful Detainer action can be filed. Once the Unlawful Detainer action is filed, it must be properly served on the defendant/tenant. If served by personal service, a defendant has 5 days to respond to the complaint.
Once served, the case can go two ways. One, is where the defendant does not respond to the complaint. When that happens, a default judgment is awarded to the plaintiff and a judgment for possession will be issued by the court within several days of the default. The judgment is then forwarded to the Sheriff to begin the lock-out process.
If the Defendant only answers the complaint, a trial date is set within 20 days of the request.
An eviction where only an answer is filed by the defendant will usually be completed within 30-40 days after the Notice to Quit expires.
Once a judgment for possession is awarded, it must be forwarded to the Sheriff to execute the order for lock-out. The Sheriff will take less than two weeks to actually come to the property and perform the lock-out. The whole process in an unlawful detainer action where the tenant does not use any delay tactics takes about 5 weeks.
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Keep Me In My Home