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Evictions

How We Stop Foreclosure Evictions in California

    If you have received an eviction notice and want to stay in your home we can help. are a former homeowner living in your home that is now bank owned or purchased by an investor at the foreclosure sale we can arrange for you to remain in your home for up to six months.

  • Stay in your home instead of having to move immediately
  • Moving is very expensive and time consuming
  • Locating a new place to move to takes a lot of time
  • Get peace of mind in not having to rush out the door
  • Low monthly fees are so much less than renting

In the process of fighting and delaying an unlawful detainer there are numerous directions that the lawsuit can take.  The process of fighting an unlawful detainer ranges from times of acting in a offensive manner to other situations of reacting in a defensive manner.  Fighting an unlawful  detainer case is comprised of many different legal weapons.

Some of the motions and actions used to delay foreclosure evictions in California and get additional time are as follows:

Motion to Quash

A Motion to Quash is an action filed in court that contests the propriety of the service of the summons and complaint served on the defendant.  The motion appeals to the court to reject service of the summons and complaint and if granted by the court the plaintiff is required to re-serve the documents on the defendant.  This legal action can add an additional 30 days or more to the time an unlawful detainer case takes.

Demurrer

A demurrer is a responsive pleading to a lawsuit that objects to the complaint filed by the plaintiff.  The word demur means “to object”; a demurrer is the document that makes the objection.  The defendant can file a demur to the complaint.   The demurrer challenges the “legal sufficiency” of a claim in the cause of action.  If a cause of action in a complaint does not state a legitimate cause or if it does not state all the required elements, then the complaint can be dismissed by the court.  A demurrer is usually filed near the beginning of a case during the pleading phase.

Motion to Strike

A motion that is filed to challenge the legal sufficiency of the plaintiff’s complaint for unlawful detainer.  The motion to strike typically contests issues relating to legal defects, verification violations and other necessary requirements of filing an unlawful deatiner.  The plaintiff can be required to amend the complaint to correct the alleged defects.  Usually, the motion to strike response can add and additional 30 day for the defendant to remain living in their home.

Motion for Summary Judgment

I some instances a motion for summary judgment can be filed by the defendant to contest the legal standing of the Plaintiff in filing the unlawful detainer.  This particular legal action is best employed when title to the property was not “properly perfected” and there exists no valid basis for the plaintiff ever bringing an action in court.

Petition for Writ of Mandate

A petition for a writ of mandate, also commonly known as a petition for a writ of mandamus, is a document filed with a court that requests an order from a court of higher jurisdiction to stay the lower court’s actions.  In this alternative, a petition for writ of mandate can be filed seeking a court to order a party or representative to stop doing something that it has no legal authority to do.

Federal Removal from State Jurisdiction

This is an tricky legal maneuver that can be done where jurisdiction is removed from State court and transferred to Federal court under the theory that there exists a federal legal issues that deals with possible constitutional rights of the defendant and duties compelled upon the plaintiff.

Answer to Complaint

This is the most common response filed by defendants and means that they want to go to court and have a trial with the new owner.  Many answers do not have merit but some do contain legitimate defenses that will have to be analyzed by the new owner to determine the most practical course of action on the day of trial.  This is usually the case where there are fair housing issues, severe habitability problems, or other issues, which will cause the property owner to lose the case.

The court is required to set the trial within 20 days after receiving the request for trial. When the  property owner meets their burden of proof at trial and the defendant fails to present overwhelming evidence to defeat the property owners case, the court will award the owner possession of the premises, forfeiture of occupancy to the property, possible damages, attorneys fees if applicable, and court costs.

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