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Timely Response

Homeowner who finds themselves in the unlucky place of facing an eviction following a foreclosure need to take comfort in knowing there are many options available to put off an eviction for many months.

A Timely Response is always good measure

A bank or buyer at a foreclosure sale is required to do certain acts and file documents that comply with laws and statutes in order to obtain possession of the property. It is these legal requirements compelled upon the new owner of the property that allows the former owner to use to their advantage in remaining in the property.

The new owner is required to only serve a 3 Day Notice to Quit on the former owner. Once 3 days have elapsed the new owner can now file an eviction procedure against the former owner known as an unlawful detainer. The unlawful detainer must be personally served on the former owner. It is at this time that the process of stopping and/or delaying the unlawful detainer begins.

The former homeowner needs to react by responding in court within 5 days following the service of the unlawful detainer or risk being defaulted and losing the case right out of the gate. So a response MUST be filed in court within the 5 day period. The choices at this point available to the former homeowner are numerous. The required responses depend on what is claimed in the complaint for unlawful detainer, or buy governing laws or by some violation of legal procedure done by the Plaintiff.

The chosen decision is very important since it sets up a series of events that can and often take place as a result of the response in court. The response can only be properly made by knowing the laws and requirements that apply to the former homeowner who is now known as the Defendant.

In our next Blog we will take a closer look into what the possible responses are that the former homeowner can file when responding to the service of the unlawful detainer.

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